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09-18-2007 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 The regular meeting of the Code Enforcement Board was called to order on Tuesday, September 18, 2007 at 7:02 p.m. Members attending were James Purvis, Chairman, Tim Murry, James Davern, A. D. Van Demark, and Terry Felder. Also attending were Betty McMinamen, Code Enforcement Officer, Suzanne O'Shea, Code Enforcement Officer, Yvette Brown, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, Jim Hitt, Planning and Zoning Director, and Rae Chidlow, Code Enforcement Clerk. Joe Janusiak and Les Booker were absent. Code Enforcement Chairman Jim Purvis read the Opening Remarks. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of August 21, 2007 were approved with an amendment made on page 6. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. Jim Purvis gave the floor to Code Enforcement Staff and Attorney. NEW BUSINESS CASE NO. 07-348 Rafael Atienza 2016 NW 15th Place Cape Coral, FL 33993 LOCATION OF VIOLATION: 1252 Shorecrest Circle, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. There was no service on this case so it was withdrawn. CASE NO. 06-311 Liziel Sullivan 206 Sienna Lane Glassboro, NJ 08028 LOCATION OF VIOLATION: 1377 Laurel Hill Drive, Clermont, FL 34711 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 VIOLATION: Ordinance No. 388-C, Chapter 118, Section 118-35, 36 and 41. Maintenance and pruning and plant material. There was no service on this case so it was withdrawn. OTHER BUSINESS CASE NO. 03-76 Church of Our Lord Jesus Christ Of the Apostolic Faith, Inc. 792 E. Montrose Street Clermont, FL 34711 City attorney Yvette Brown stated that the administrative lien was entered on October 17, 2006 and there is an affidavit of noncompliance dated on September 28, 2006. They are requesting for the authorization to foreclose on the code enforcement liens be granted. Darryl Forehand stated they had all intentions of complying. He stated he had issues with the contractor working on the property. He stated they had to hire an attorney to sue the contractor for the bad work done on the property. Jeff Carter stated he was recently hired by the church to address this issue. He was hired to further investigate the construction issues. He said he is asking for the Board to table the foreclosure proceedings until he has time to further investigate. He stated they already have another contractor to do an estimate on the cost to bring the building in compliance. Chairman Purvis stated they are 3 months plus dealing with this case. He stated he does not doubt the intentions of the church but they are still confronted with the fact that at the present time there is an out of compliance situation. A. D. Van Demark made a motion to table the case for one month to recommend to Council for foreclosure of this property; seconded by James Davern. Chairman Purvis asked if they have a licensed contractor and was a permit pulled for the project. Mr. Forehand stated that he was a licensed contractor and they did have a permit. Attorney Yvette Brown stated that this case has been open since December 16, 2003. She stated that her concern with the proposed recommendation is there is nothing the staff can do at this time, the lien is in place and the fine is accruing. She stated it is 2 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 good they have an attorney on board, but with it being in litigation and we don't know how long that will take, the staff just wants the tool to present it to City Council and then the defendant can discuss with Council to determine whether there is a waiver or reduction appropriate for their case. Board member Terry Felder stated that this board is very forgiving. She stated that if it was a new case it would be a different situation. Chairman Purvis stated the age of the case puts a different perspective on the whole subject. Mr. Forehand stated this building was previously a bar and there were already code violations when they bought the place and they inherited a problem from the beginning. He stated they paid the contractor $77,000 and most of the work he did was insufficient. He stated they talked to him about the situation. He stated the employees that were put on his building were not qualified to do the job. Board member Terry Felder asked if this was the guy they hired four years ago. Mr. Forehand stated yes he was hired four years ago, but what happened four years ago there was a church split before work was ever started. They then had to wait for the church to get strong enough to build. When they recuperated from the split they brought the contractor back on and paid him the money and then the bad work happened. Chairman Purvis asked what they envision being able to accomplish in 30 days. Mr. Carter stated they will have an inspection of the property done and will have a better idea of where they need to go with the construction of the property. If they are asking will the property be completely code compliant he can not answer that. He stated it depends on the availability of the new contractor. He said they are asking the Board to allow them the opportunity to bring the building in to compliance. Board member A.D. Van Demark asked will one month give them enough time to make an effort to bring the building into compliance. Board memberA.D. Van Demark stated he would like to withdraw his motion. Board member James Davern stated he is willin_g to withdraw his motion as well. A. D. Van Demark made a motion to move forward to recommend to Council for foreclosure of this property; seconded by James Davern. The vote was unanimous in favor of recommending to Council for foreclosure. 3 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 CASE NO. 04-157 Peoples State Bank of Groveland 1820 S. Highway 27 Clermont, FL 34711 City attorney Yvette Brown stated that Peoples State Bank of Groveland is being withdrawn from the agenda. CASE NO. 05-232 Miche Chicoye 561 Minneola Ave. Clermont, FL 34711 City attorney Yvette Brown stated this case came before the Board on November 15, 2005. She stated corrective action was requested however an affidavit of noncompliance was on February 23, 2006. The City is now requesting the Board authorize foreclosure. She stated it is not the intent of the City to move forward in the foreclose procedure; it is just the next technical step in order for the City to move the case along. Miche Chicoye, 1645 Penzance Road, stated he purchased this property he knew it was in bad shape. He stated right after he purchased the property he started having hard times. He stated he has cleaned up the property quite a bit since he has had it. He stated the outside is safe, the stairs have been repaired, the hole in the basement and the windows. Board member Terry Felder asked what is still wrong with the property that it is not in compliance. Code Enforcement Officer Betty McMinamen stated it was written up for minimum housing violations in 2003 and she has not been requested to come back for an inspection to see if it has complied yet. She stated it looks the best outside she has ever seen it. Board member Terry Felder asked how is she able to go in to see if they are in compliance. Code Enforcement Officer Betty McMinamen stated she will be requested by the owner to do an inspection. City attorney Yvette Brown stated that the process and orders the violator is given is when they come into compliance it is their obligation to contact city staff so they can inspect to see if you are in or out of compliance and an affidavit of compliance needs to 4 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 be filed. She stated in these cases they have not been invited back in order to determine compliance. Board member Terry Felder asked the Respondent what is left to be done to the house. Mr. Chicoye stated there are no cabinets; there is a floor but no carpet. He stated that it needs to be in a standard of living in order to request an inspection. Chairman Purvis stated that what he perceives as being uninhabitable may not be uninhabitable by city code so he suggests he request an inspection from the City to do another inspection. A. D. Van Demark made a motion to table this case for 30 days. The vote failed due to lack of a second. James Davern made a motion to move forward to recommend to Council for foreclosure of this property; seconded by Tim Munn. The vote was 3-2 in favor of recommending to Council for foreclosure with A. D. Van Demark and Jim Purvis opposing. CASE NO. 05-246 & 05-247 Charles P. & Darlene L. Dunnigan 679 Anderson Street Clermont, FL 34711 City attorney Yvette Brown stated this case came before the Board on February 21, 2006. The Respondent was to come into compliance by March 21, 2006 or a $10 a day fine would accrue. She stated at this time they are requesting the Board authorizes the City to move forward with the request for foreclosure. Charles Dunnigan, 679 Anderson Street, asked what the Board means by foreclosure. Code Enforcement Board attorney Valerie Fuchs stated that when he was found in violation of the code, the violation was recorded in the City's records and after three months of being recorded it constitutes a lien on your property. She stated that because of the lien the City Council has a right to foreclose on your property. Mr. Dunnigan asked that because of this lien the City will take his house. Code Enforcement Board attorney Valerie Fuchs stated that the City has legal authority if the Board authorizes the City to do that. She stated if it is not his homestead then the City will have the authority to foreclose. It does not mean they will institute it. She stated that he had the right to go before City Council to plead his case and ask for reduction of the fine or to ask for forgiveness of the lien. 5 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 Mr. Dunnigan stated one of the violations he is not in violation of at this time. Board member Davern asked if he invited the Code Enforcement Officer to come back to inspect. Mr. Dunnigan stated the City could come back at any time to inspect the violation. James Davern made a motion to move forward to recommend to Council for foreclosure of this property; seconded by Tim Murry. The vote was unanimous in favor of recommending to Council for foreclosure. CASE NO. 05-236 Daisy Clark & Lucille Deramus 388 Chestnut Street Clermont, FL 34711 City attorney Yvette Brown stated the Board issued an order on this case on October 18, 2005. The property is currently not in compliance. She stated a lien filed on April 18, 2006 and they are requesting authorization to foreclose on this property. Dewayne Clark stated they had paid a contractor who took off and did not finish the work. He stated they had to come up with the money to finish it and one side is ready but they still have work on the other side. He stated they have the permits and it has been started. Chairman Purvis asked staff if both sides have to be in compliance before it is rented out. City attorney Yvette Brown said she could not answer the last part of the question, but it is one permit so the whole property needs to be fixed in order to come into compliance. James Davern made a motion to move forward to recommend to Council for foreclosure of this property; seconded by A. D. Van Demark. The vote was unanimous in favor of recommending to Council for foreclosure. CASE NO. 06-256 Amy Lee Jones 228 & 238 Chestnut Street Clermont, FL 34711 City attorney Yvette Brown stated the Board issued order on this case on November 22, 2006. She stated the property was to come into compliance on January 16, 2007 and as of this date the property is still out of compliance. She stated an administrative lien 6 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 was placed on the property on February 20, 2007. She stated the City is asking for authorization to foreclose on this property. Amy Lee Jones stated she has been trying to sale rather than rent. She stated one side is complete but she does not have the money to complete the other side. She stated that she can not rent the one side out to make money to finish the other side because it is under one permit. Brandy Maithison stated this case does consist of two properties. She stated that Ms. Jones has done quit a bit of work to the property. She stated that by looking at the property you would not be able to tell the one unit does not have any floors. She stated they have reduced the price to try to sell the property. She stated with that and the increase on the showings of the property. She stated they have had a customer looking at the property for a second time today and will possibly be putting an offer on the property. She stated that once they close on the property all the liens will be paid on the property. She stated she feels strongly that they can have the property sold within 60 days with the recent price reduction. She said they are asking for this case to be tabled for 30 days. Board member Terry Felder asked staff if the lien would go to the new owner if the property was sold. Ms. Maithison stated the lien will be paid in full when the property is sold. Code Enforcement Board attorney Valerie Fuchs stated that under the statutes the potential owner would be informed there are liens against the property. She stated normally what would happen at that time they would come before City Council to state they are trying to sell it and that is a good time to ask for a reduction. The liens do run with the property unless they are paid in full. Board member Terry Felder asked when was the last time Code Enforcement visited the property. Code Enforcement Officer Betty McMinamen stated that it is one piece of property, one code enforcement case, two building with two apartments in each building. The way the board made the order was a $10 fine on each apartment as she got them fixed the fine would stop. She stated when she fixed the one building the fine stopped, the other building is running at $20 a day. She stated she can not close the case because it is one piece of property. They can not split the permit because it is one piece of property. She has to deal with a contractor because it is rental not owner occupied. Terry Felder made a motion to move forward to recommend to Council for foreclosure of this property; seconded by James Davern. The vote was unanimous in favor of recommending to Council for foreclosure. 7 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 CASE NO. 04-148 South Lake County Community Foundation, Inc. 912 West Avenue Clermont, FL 34711 City attorney Yvette Brown stated the Board issued order on this case on August 18, 2003 and was to come into compliance by October 19, 2004 or be fined $1 per day. The property has not come into compliance and a lien was imposed on November 16, 2004. She stated the city is requesting authorization for foreclosure. Wade Boyette, 902 Johns Point Lane, Oakland, stated they are not opposing the request but they want to know what they can do to come into compliance. City attorney Yvette Brown stated that now they have a contact person they will be in contact with them to clear up this case and then they can at that point go to City Council to ask for a reduction or forgiveness. James Davem made a motion. to move forward to recommend to Council for foreclosure of this property seconded by A. D. Van Demark. The vote was unanimous in favor of recommending to Council for foreclosure. CASE NO. 03-23, 06-283 & 06-284 Irene Abrahams 847 Disston Avenue Clermont, FL 34711 The Respondent was not present. City attorney Yvette Brown stated the Respondent has been in contact with Dan Mantzaris, the property is not in compliance and does understand that the City needs to go forward with the foreclosure. Ms. Brown gave the history of the lien. James Davern made a motion to move forward to recommend to Council for foreclosure of this property; seconded by Tim Murry. The vote was unanimous in favor of recommending to Council for foreclosure. CASE NO. 03-79-A & 3-80-A Thomas Smail, Jr. & Catherine S. Smail 707 East Minnehaha Ave. Clermont, FL 34711 The Respondent was not present. City attorney Yvette Brown gave the history of the lien. 8 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD September 18, 2007 James Davem made a motion to move forward to recommend to Council for foreclosure of this property; seconded by A. D. Van Demark. The vote was unanimous in favor of recommending to Council for foreclosure. ADDITIONAL ITEM City Attorney Yvette Brown reviewed the Lien Status Report. There being no further business, the meeting was adjourned. Attest: ,` Rae Chidlow, Code Enforcement Clerk 9