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05-17-1988 Regular Meeting•M •N CITYOF CLERMONT MINUTES CODE ENFORCEMENT MAY 17, 2988 The regular scheduled meeting of the Code Enforcement Board was called to order by Chairman Edward Whitehead at 7:30 p.m., on May 17, 1988. Members attending were William McKinney, Joseph Wiebush, Emma Higgins, Martin Wright and Nick Jones. Edward Ivey was excused. Also attending were Leonard Baird City Attorney, James McAllister. Planning Director, Jim McFatter Code Enforcement Officer and Jane Warren Planning and Zoning Technician. The Invocation was offered by Rev. William McKinney and followed by the Pledge of Allegiance. MINUTES of the meeting held April 19, 1988 were approved as presented. OLD BUSINESS Mr. Whitehead introduced Case No. 88-09 CITY OF CLERMONT A Municipal Corporation Plaintiff, vs. Bob Wade 1101 East Highway 50 Clermont Fla. 32711 Defendant (s). Non-compliance of Conditional Use Permit (Resolution No. 574 and the Order issued by the Code Enforcement Board, April 19, 1988. LOCATION: Property located north of Quincy's Restaurant and east of Grand Highway. Mr.McAllister advised the Board that Mr. Wade informed the City on Friday May 13, 1988, that his engineer and City Engineer John Springstead had met, and the two parties were in agreement that the site was in compliance. At this time the case was removed from the agenda. In response to Mr. Wade's information, conformation was requested from Springstead & Associates. Mr. Springstead informed Mr. McAllister that Mr. Wade's engineer was not willing to sign off on the project according to plans accepted by the City. Mr. Springstead stated that the engineer wished to inspect the site, make the necessary changes and then arrange for an inspection with Springstead & Associates. At this time the case was again placed on the Agenda, but Police Department was not able to subpoena Mr. Wade. Mr. Baird suggested because of the magnitude of the case and Mr. Wade's absence that a special meeting be held to consider this case. 1 •M •« CITY OF CLERMONT After a brief discussion a mo1~~~-ade by Rev. McKinney to schedule a special meeting to consider Case No. 88-09 on Monday May 23, 1988 at 7: 30 p.m., seconded by Mrs. Higgins and approved by unanimous vote. NEW BUSINESS Mr. McAllister advised the Board that the following cases had been cleared prior to the meeting. CITY OF CLERMONT Plaintiff, CASE NO. 88-20 vs. Lee Barry Ward 1159 W. Montrose Street Clermont Fla. 32711 Defendant (s). CITY OF CLERMONT Plaintiff, CASE NO. 88-21 vs. John Ream 5411 Cedar Pine Court Orlando Fla. 32819 Defendant ( s) . CITY OF CLERMONT Plaintiff, CASE NO. 8$-23 VS. Richard Klaas 505 7th. Street Clermont Fla. 32711 Defendant (s). Mr. Whitehead Introduced Item No. 2 Case No. 88-24 CITY OF CLERMONT A Municipal Corporation Plaintiff, vs. Freddie Lee Collins 495 Desoto Street Clermont Fla. 32711 Defendant ( s) . 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 2 •M •N CITY OF CLERMONT MINUTES Mr. McAllister recommended immediate removal of the vehicle. At this time Mr. Collins was sworn in. Mr. Collins stated it was his vehicle and but was uncertain of what need to be done to clear the violation. Mr. Baird explained that inoperable vehicles cannot be stored in a residential district. Mr. Baird further explained that the vehicle had to be removed or repaired and if repaired auto tags would be required. Mr.Collins stated he could be in compliance in thirty (30) days. Mr. Baird suggested ten (10) days. Mr. Collins stated the vehicle only needed an alternator and tires to be brought in compliance. Mr. Jones stated he understood Mr. Collins need for an extended period of time in order to correct the violation, but expressed concern regarding laws not being complied with throughout the community. Mr. Collins stated he would have the violation cleared in twelve (12) days. A motion was made by Nick Jones to granted Mr. Collins twelve (12) days to resolve the violation, seconded by Mr. Wright and approved by unanimous vote. Mr. Whitehead introduced Item No. 3. CASE NO. 88-18 CITY OF CLERMONT A Municipal Corporation Plaintiff, vs. Elisha Pace 733 E. Minneola Avenue Clermont Fla. 32711 Defendant (s). NOTICE OF HEARING 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: 733 E. Minneola Avenue Mr. McAllister stated that the defendent was not present, and informed the Board that the defendent had received a Violation Notice by certified mail as well as being served a subpoena by the Police Department. 3 •N CITYOF CLERMONT MINUTES •M Mr. McAllister stated that no attempt has been made to clear the violation and suggested that the defendent's lack of response indicated a lack of concern to rectify the violation. Mr, McAllister also informed the Board of an auto repair business being illegally operated from the location, which is zoned R-3 Residential/Professional Offices, and does not permit such a use. Rev. McRinney stated is was the responsibility of the Board to strongly enforce the Code of Ordinances as well as to issue any Orders that would denote the seriousness of the violation and discourage any repetition of such violation. Mr. Baird advised the Board that the defendant would have to be given an opportunity to rectify the violation, but could issue an Order allowing for a specific time frame to come into compliance as well as assessing a fine if such deadline is not met. After a brief discussion a motion was made by Mrs. Higgins that Mr. Pace by given until May 27, 1988 to correct the violation. If the violation is not corrected by the set date a fine of $100.00 will be imposed for each day the violation continues past the date set for compliance, seconded by Rev McRinney and approved by unanimous vote. Mr. Whitehead introduced Item No. 4 Case No. 88-19 CITY OF CLERMONT vs. Wilmer Pace 580 Highland Avenue 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 junk. LOCATION: 580 Highland Avenue Again Mr. McAllister reiterated the defendent was notified by a violation notice as well as a subpoena and again there seems to be a lack of concern by the property owner. Rev. McRinney again emphasized the need to enforce the code and to discourage continued violations. After a brief discussion a motion was made by Mr. Wright that Mr. Pace be given until May 27, 1988 to correct the violation. If the violation is not corrected by the set date of fine of $100.00 will be imposed for each day the violation continues past the date set for compliance, seconded by Mrs. Higgins and approved by unanimous vote. 4 •M •M CITYOF CLERMONT MINUTES Mr. Whitehead introduced Item No. 5. Case No. 88-25 CITY OF CLERMONT Plaintiff, vs. Richard Brunson 752 E. Broome 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: 752 E. Broome Street Mr. McAllister advised the Board that the Police Department was not able to serve the defendent with the subpoena, and suggested that the case be tabled at this time After a brief discussion a motion was made by Mrs. Higgins to table this case, seconded by Mr. Wright and approved by unanimous vote. There being no further business the meeting was adjourned. ~~~~~ Edwa Whitehead, Chairman r,~, ATTEST: J ne Warren, lanning & Zoning Technician 5