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02-16-1988 Regular MeetingC1TY OF CLERMONT • MINUTES Code Enforcement Board February 16, 1988 The regular scheduled meeting of the Code Enforcement Board was called to order at 7:30 p.m. by Chairman Russell Wagner. Members• attending were Martin Wright, Edward Whitehead, William McRinney, Emma Higgins and Joseph Wiebush. Nick Jones was excused. Also attending were James McAllister City Planner, Jim McFatter Code Enforcement Officer, Leonard Baird City Attorney, and Jane Warren Planning and Zoning Technician. ORGANIZATIONAL MEETING Mr. Wagner informed the Board that he would be moving out of the City limits and therefore resigning as of March 1, 1988 Mr. Wagner asked for nominations for Chairman of the Board. Mr. Wiebush nominated Mr. Whitehead, seconded by Mrs. Higgins and approved by a unanimous vote. Mr. Wagner asked for nomination for Vice-chairman. Mr. Wright nominated Mr. McRinney, seconded by Mr. Wiebush, and approved by a unanimous vote. MINUTES of the Meeting held January 19,1988 were approved as presented. OLD BUSINESS Mr. Wagner introduced Case No. 88-02 CITY OF CLERMONT ' VS. BOB WADE The defendent is in violation of Resolution # 574 which granted the defendent permission to revise the reclamation plan as approved by Resolution No. 574. The City Council on December 12, 1987 approved Resolution No. 574 and the revised reclamation plan with the condition that: 1.) The west retention area be re-established to size 2.) that the road be excavated to contour to swale at the west boundary of the property and 3.) two swales running north and south across the property be constructed. Mr. Wagner asked for staff's findings and recommendations. Mr. McAllister informed the Board that the defendent did meet the completion deadline of December 18, 1987. However Resolution No. 574 allowed the defendent sixty (60) days from December 8, 1987 to reclaim the site in accordance with the revised site plan submitted and approved as part of that ordinance. Upon inspection by the City Staff on February 19, 1988, the reclamation work was not completed according to the approved reclamation plan. The swales, ditch block's drainage appurtenances and sodding were either not completed or not completed according to the revised reclamation plan. Staff recommends that the Code Enforcement Board allow the defendent no more than thirty (30) days to complete the work. 1 • CITY OF CLERMONT MINUTES i Mr. Wade was present and stated the site could be brought into compliance within 30 days. After a brief discussion a motion was made by Mr. Wagner to grant Mr. Wade 30 days to complete the necessary reclamation of the site, seconded by Mrs. Higgins and approved by unanimous vote. Mr. Wagner introduced Case No. 88-09 CITY OF CLERMONT vs. BOB WADE The defendent has not addressed the Code Enforcement Board's ruling on January 26, 1988 which required that all fill in the floodplain area be removed in fourteen (14) days. That time period expired on February 9, 1988 and as February 11, 1988 the fill still exists within the floodplain. Mr. Wagner asked for staff's recommendations. Mr. McAllister stated that the Mr. Wade had more than enough time to remove the fill and as such, staff recommends the Board require the immediate withdrawal of all fill in the floodplain and fine the defendent for each day the fill remains in the floodplain. Mr. Wade was present and stated it was his intention to remove the fill but the delay being he was not able to schedule a contractor with the necessary equipment before this date. After a brief discussion a motion was made•by Mr Wright to allow Mr. Wade 10 days to remove the additional fill from the floodplain, seconded by Mr. McKinney and approved by unanimous vote. Mr. Wagner introduces Case No. 88-08. CITY OF CLERMONT vs VIRGINIA DORTCH The defendent is charged with operating a beauty shop from a residential unit. The R-2 Medium Density Residential District does not allow beauty shops as a permitted use. Mr. Wagner asked for staff's recommendations. Mr. McAllister recommended that the Board enter judgement against the defendent and require the immediate cessation of non- residential activity on the property. Mrs. Dortch was presented and stated Councilman Huff had advised her to appear before the Board and request a means in which her business could become legal. Mrs. Dortch also stated at the time she purchased this property she was advised by the realtor and an unidentified person at City Hall that she could operated a beauty shop at her present location. Mrs. Dortch also stated she has been operating her business for the past five (5) years and this was livelihood. Mr. McAllister informed the only was Mrs. Dortch could operate a professional business from her home would be under the provision of a Home Occupation License which specifically states the"beauty parlors" are not permissible as a home occupation. Mr. Baird suggested that Mrs. Dortch seek legal assistance 2 • CITY OF CLERVONT • MINUTES because of the many complications concerning past zoning and the length of time that the business has operated. Mr. McKinney expressed concern that .this situation continued to exist for five years without any action by the City. Mr. Wright stated he felt Mrs. Dortch had greatly improved her• property and that her business had not been detrimental to the neighborhood. After a brief discussion a motion was made by Mr. wright to find Mrs. Dortch in violation of the Zoning Ordinance, but to allow Mrs. Dortch sixty (60) days to gather evidence to be presented to the Code Enforcement Board which establish the City's permission which allows her to for her business, seconded by Mrs. Higgins, and approved by a 6-0 vote.' Mr. Wiebush abstained from voting because of a conflict on interest. Mr. Wagner introduced Case No. 88-07 CITY OF CLERMONT vs. JIMMY LEE JACKSON The defendent is in violation of City Code, Chapter 11, Section 5, which prohibits the accumulation of filth, trash, weeds, dirt, leaves and the excessive growth of grass, weeds and noxious plants. Mr. Wagner asked for staff's recommendations. Mr. McAllister pointed out that the defendent has received numerous violations in the past regarding storage of vehicles. Staff respectfully insists that the Board enter judgement against the defendent and require that all commercial vehicles, filth and trash be removed from the property. Mr. Jackson was present and stated he was in the process of removing the junk, weed and trash from the site. Mr. Jackson stated he was storing the commercial vehicles on the property in hopes of the return of the citrus business. Mr. Jackson stated he did not feel the property was not an eyesore to the community. Mr. Baird asked Mr. Jackson if he were denying the currrent violation. Mr. Jackson stated he was not denying the violation. Mr. McAllister emphasized that the City has sited Mr. Jackson with numerous violations in the past and that he should be aware that the current existance of the property is in violation of City codes. Mr. Jackson stated he had 15 days off from his job and requested that time be allowed to comply with the violation. After further discussion a motion was made by Mr. Wright to allow Mr. Jackson 25. days to comply with violation, seconded by Mr. Wiebush and approved by a unanimous vote. 3 • CITY OF CLERNONT • MINUTES Mr. Wagner introduced Cases No. 88-04. No. 88-05 No. 88-05 CITY OF CLERMONT vs. AMOS THOMAS The defendent is in violation of three City Codes; Chapter 12, Section 1 - License Tax Imposed.. Chapter 11A- Section 16 - Prohibition of Storage within Residential Areas. Chapter 11, Section 5 - Preservation of Public Health and General Welfare. Mr. Wagner asked for staff's findings and recommendations. Case No. 88-04 Mr. McAllister stated the defendent is currently operating a business without an occupational license.. Staff respectfully insists that judgement be entered against the defendent and require the applicant to cease operating the business until an occupational license is obtained. Mr. Thomas advised the Board that he was not operating a business, and that the vehicles on the premises were for his use only. After a brief discussion a motion was made by Mr. Whitehead to give Mr. Thomas 2 days to cease operation of a business from his property, seconded by Mr. Wright and approved by unanimous vote. Case No. 88-05 Mr. McAllister recommended that the judgement be entered against the defendent and require the defendent to immediately remove any illegally parked vehicles from the the property. Mr. Thomas was presented and stated the truck on the premises was that which he uses while working. Mr. Baird advised Mr. Thomas that he could not park that type of vehicle in a residential zone. Mr. Wright reminded Mr. Thomas the last he was brought before the Board for the same violations, he was going to put a fence around the property and as of this date he has not so. Mr. McAllister advised Mr. Thomas whether there was a fence. or not the vehicles are not allowed in that zoning district. After a brief discussion a motion was made by Mr. Wright to give Mr. Thomas 25 days to remove the illegally parked vehicle from the premises, seconded by Mr. McKinney and approve by a unanimous vote. Case No. 88-06. Mr. McAllister recommended that the judgement be entered against the defendent and require the defendent to immediately remove all filth, trash etc.., from the property. Mr. Thomas agreed the property is run down and stated he had not had time to clean up the property but he would do so. 4 • • CITY OF CLERMONT MINUTES After further discussion a motion was made by Mr. Wiebush to give Mr, Thomas 25 days to remove all filth, trash ect.., from the property, seconded by Mr. Whitehead and approved by unanimous vote. In an effort to update the Board on past cases Mr. McAllister informed the Board that variances requested by Mr. Wade regarding banners at his dealership and also fill on his property behind Quincy's restaurant were denied by the City Council at the February 9, 1988 Council meeting. There being no further business the meeting was adjourned. Edward Wh' ead, Chairman f ATTEST: C i~ J rie Warren lanning & Zoning Technician 5