Loading...
10/16/2007 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 16, 2007 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, Tim Murry, Les Booker and Terry Felder. A. D. Van Demark came late. 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. James Davern was 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 September 18, 2007 were approved as written. Code Enforcement Officers Betty McMinamen and Suzanne O'Shea and everyone testifying were sworn in. Jim Purvis gave the floor to Code Enforcement Staff and Attorney. NEW BUSINESS CASE N0.07-350 Two Brothers & A Cousin, LLC 15006 Southfork Dr. Tampa, FL 33624 LOCATION OF VIOLATION: 811 E. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 320-C, Chapter 102, Section 102-3 (b) (3). Enforcement; Removal of unlawful signs. City Attorney Yvette Brown introduced the case. Code Enforcement Officer McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the Code. She stated the notice was sent August 6, 2007 and the type of violation is abandoned sign. Ms. McMinamen presented the details of the case and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, allowing the SUNOCO and DRIVE-THRU store signs to remain on your property and advertising businesses that have ceased to exist on or before January 11, 2007, after your tenants had vacated the premises. said the Staff is recommending the board find them in violation of a fine of $200.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. Ms. McMinamen asked the Respondent be given until November 20, 2007 in order to comply. Richard Ogla, 86 Roundhill Rd., Poughkeepsie, New York, stated he did not receive any of the violations is because his brother is overseas and he has moved out of the state of Florida. He stated his brother's wife might have received the letters. Mr. Ogla stated he has no problem with getting rid of them. He just asks for time to find someone to help get the signs down. He stated the drive-thru sign is covered with a for sale sign for now. He stated if the City wants him to remove it he will otherwise he will keep it up for now. Chairman Purvis stated that it probably is not a problem as long as it completely covers the drive-thru sign. Mr. Ogla stated it is a banner that covers the whole sign. Board member Terry Felder asked what signs are included in this case. Ms. McMinamen stated that every sign on the premises except the two high rise signs are included in this case. A. D. Van Demark joined the meeting. Chairman Purvis asked if the Sunoco sign on the canopy of the building was owned by them or by Sunoco Corporate. Mr. Ogla stated that where the Sunoco signs are on the canopy those are light up signs built into the canopy. He stated it is a $200,000 canopy and you can not just take it down. He stated he has no problem taking all the smaller signs down but when you get into structural items it is out of the question. Chairman Purvis asked about covering the sign up. Mr. Ogla stated he had no problem with covering it. He stated gas companies typically do that. He stated that he believes DOT will eventually put the road between the gas station and McDonalds then they would have to remove the signs at that time to build the road. Board member Terry Felder asked if covering the sign with a black tarp bring the property into compliance. Jim Hitt stated that if the sign is covered then yes, but you can not just use any type of tarp to cover it with. 2 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 Ms. McMinamen stated it has to hold up in weather conditions. Mr. Ogla stated that gas companies have certain types of tarps they use when they are rebranding or renovating that does hold up in weather conditions. Board member A. D. Van Demark suggested working with staff to work out the details. Mr. Ogla stated he would be in town all week and would do that. Chairman Purvis asked Mr. Ogla how much time he would need in order to clear up this case. Mr. Ogla stated he should be able to have this done by the November 20th deadline. He stated all the little signs would be down before he leaves town. Terry Felder made a motion to find the Respondent in violation of the cited City code and be given until November 20, 2007 to comply or be fined at a rate o $200.00 per daY,• seconded by Joe Janusiak. The vote was unanimous in avor of finding the Respondent in violation, the time period, and the amount o the frne. CASE N0.07-351 Two Brothers & A Cousin, LLC 15006 Southfork Dr. Tampa, FL 33624 LOCATION OF VIOLATION: 811 E. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 102, Section 102-24 (a) (b) (5) (8). Nonconforming Signs. City Attorney Yvette Brown introduced the case. Code Enforcement Officer McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the Code. Ms. McMinamen presented the case and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, allowing the free-standing SUNOCO and DRIVE-THRU store pole signs to remain on your property and advertising businesses that have ceased to exist on or before January 11, 2007, after all tenants had vacated the premises. Ms. McMinamen asked the Respondent be given until November 20, 2007 in order to comply. She said the Staff is recommending a fine of $200.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. 3 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 Board member Terry Felder asked Ms. McMinamen if the poles stay or come down. Ms. McMinamen stated the poles and everything will have to come down. Richard Ogla, 86 Roundhill Rd., Poughkeepsie, New York, stated that he has a note from his attorney that states what sign means is the advertising that says Sunoco not the structure. He stated the structures are all in good condition. He stated that last year they had the same conversation over the same issue and he thought they had resolved it. He stated the store could be opened back up tomorrow if he wanted. He said that Speedway and Sunoco were shut down and no one ever made them remove their signs. City attorney Yvette Brown stated it is irrelevant. She stated the only thing this Board can consider is the case before them at this time. She stated that during the opening statements they are informed that they are not hearing what is going on down the street. She stated the issue before the Board tonight is the two signs that are non-conforming; the business has ceased to exist so the signs can not be there. Board member Les Booker asked if someone opens a business within 30 days at this same location can those signs remain and be used by the new business. City attorney Yvette Brown stated no they can not be used. Board member Tim Murry asked if there is a new Ordinance. Chairman Purvis stated that from the time the sign went up and Speedway closed and the time Sunoco closed the City passed a new Ordinance which is the Ordinance Mr. Ogla is being cited with now. Mr. Ogla asked if it is the sign or the structure. Jim Hitt stated that structure and the advertising portion is considered the whole sign and would have to be replaced because it does not meet the new code. It does not matter if he reopens his business or a new business opens the structure and advertising portion of the sign has to be replaced with a monument sign. Chairman Purvis asked what a reasonable amount time for him to remove the two signs. Mr. Ogla stated he has no funds available to remove the signs. He suggested that when the property sells he can put in the contract that the signs have to come down whether he has to pay for it at closing or have the new owners pay to have them removed. Board member A. D. Van Demark stated that this case must be settled and they do not have the authority to permit the signs to stay until the possible selling of his property. 4 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 Board member Terry Felder stated she felt like 30 days may be too soon, but maybe they can suggest 60 days. Chairman Purvis made the suggestion to find someone to take it down for the value of the scrap. He stated he agrees with a longer period of time to remove the signs. A. D. Van Demark made a motion to fnd the Respondent in violation of the cited City code; seconded by Joe Janusiak. The vote was unanimous in avor of finding the Respondent in violation. Joe Janusiak made a motion to one the Respondent for the violation of the cited Cites code and be given until November 20, 2007 to compl oy r be fined at a rate o $200.00 per day. There was no second so the motion fails. A. D. Van Demark made a motion to one the Respondent for the violation of the cited City code and be given until December 18, 2007 to comply or be fined at a rate o $200.00 per day; seconded by Terry Felder. The vote was unanimous in avor o the timeperiod and the amount off' the ine. CASE N0.07-352 Two Brothers & A Cousin, LLC 15006 Southfork Dr. Tampa, FL 33624 LOCATION OF VIOLATION: 811 E. Highway, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 Unlawful Maintenance of Nuisances. City Attorney Yvette Brown introduced the case. Code Enforcement Officer McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the accumulation, which includes but is not limited to, the property currently being overgrown with extremely tall grass and weeds that are even spilling over the curbs and into the streets, even covering the fire hydrant beside the E. Minnehaha Avenue curb on the South side of your property. Ms. McMinamen asked the Respondent be given until November 20, 2007 in order to comply. She stated the Staff is recommending a fine of $200.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by 5 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. Mr. Ogla stated the grass cutting was to be taken care of by the listing agent. He stated the listing agent is overseas right now and someone was supposed to take care of the maintenance. He stated he will find someone else to take care of the grass cutting and weeds. A.D. Van Demark made a motion to find the Respondent in violation of the cited Ci code seconded by Les Booker. The vote was unanimous in favor o~ rnding, the Respondent in violation. A. D. Van Demark made a motion to fine the Respondent for the violation of the cited City code and be Qiven until November 20, 2007 to comply or be fined at a rate of $50.00 per dam seconded by Les Booker. The vote was unanimous in favor of the time period and the amount o~ the rne. CASE N0.07-356 Ketlie & Abraham Josma 15 University Ct. South Orange, NJ 07079 LOCATION OF VIOLATION: 294 Linden St., Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1). Unlawful Maintenance of Nuisances. City Attorney Yvette Brown introduced the case. Code Enforcement Officer O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the accumulation of high grass and weeds, and debris consisting of broken/crushed concrete and cardboard materials. She asked the Respondent be given until October 16, 2007 in order to comply. She stated the Staff is recommending a fine of $25.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. She stated there was no service, she could not find the owners and the neighbors are saying the property is in foreclosure at this time. City attorney Yvette Brown stated that posting of the property is acceptable service. 6 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 The Respondent was not present. Chairman Purvis stated that being the property seems to be abandoned by putting a fine against this property will not alleviate the problem that exists to the neighbors. He asked if the City could mow with a lien being put against the property. City attorney Yvette Brown stated that this will allow the clock to start ticking and allow for it to come back before the Board to request a lien and ultimately foreclose. She stated they do not believe there is a threat to health safety or welfare in this case to tag any reason to have the City spend any money at this point to make the property compliant. Board member Terry Felder stated that the City will not be able to cut everyone's grass with all the homes that are going into foreclosure at this time. City attorney Yvette Brown stated the City could not afford it and the City may never get reimbursed for the mowing. Chairman Purvis stated that the City has a moral duty to the neighbors. Board member Les Booker stated that the City will in time get the property which will reimburse them for the mowing. He stated the City will in time be paid in some manner of form for the mowing. Jim Hitt stated that until the City gets direction from City Council in regards to spending money they can not do anything. He stated the hard part is the City can not pick and choose which ones we want to mow or doesn't want to mow. He stated it would cost a bundle if they started mowing all the properties. Board member Les Booker stated that he has heard that in the Clermont area there are as many as 600 properties under foreclosure right now, so that would hit the city's resources. A. D. Van Demark made a motion to find the Respondent in violation of the cited Citv code; seconded by Terry Felder. The vote was unanimous in avor o~finding the Respondent in violation. A. D. Van Demark made a motion to frne the Respondent for the violation of the cited Ci code and start the fine immediately October 16, 2007 and befned at a rate o $25.OOper dam seconded by Les Booker. The vote was unanimous in avor of the time period and the amount o~ the ane. 7 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 CASE N0.07-358 James Pool 1301 Lake Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 1301 Lake Ave., Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (2) (4). Unlawful Maintenance of Nuisances. City Attorney Yvette Brown introduced the case. Code Enforcement Officer O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: 1) Overgrowth of grass and weeds on the property, 2) Ripped blue tarp over carport area, 3) Miscellaneous items on and around the front porch, such as but not limited to, cleaners, buckets, rugs, cooking pots, etc. She stated that several of the items have been taken care of which are the miscellaneous items on and around the front porch and the overgrowth of the grass and weeds so the only portion of the case that will be heard will be the blue tarp over the carport area. Ms. O'Shea asked the Respondent be given until October 16, 2007 in order to comply. She stated the Staff is recommending a fine of $25.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. The Respondent was not present. A. D. Van Demark made a motion to find the Respondent in violation ofthe cited Ci code' seconded by Les Booker. The vote was unanimous in favor of anding the Respondent in violation. Joe Janusiak made a motion to f ne the Respondent for the violation of the cited City code and be Qiven until November 20, 2007 to compl or be fined at a rate o $500 00 er day' seconded by Les Booker. After discussion of the excessive fine the motion was amended to Joe Janusiak making a motion to Erne the Respondent for the violation of the cited City code and be Qiven until November 20, 2007 to comply or be fined at a rate of $100.00 per day' seconded by Terry Felder. The vote failed and was 2-4 in favor of the time period and the amount of the fine with Board members Purvis, Van Demark Booker and Felder opposing 8 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 Les Booker made a motion to fine the Respondent for the violation of the cited City code and start the fine immediately on October 16. 2007 and be fined at a rate o $SO.OOper dam seconded by A.D. Van Demark. The vote was S-1 with Board member Murr~pposing. CASE N0.07-360 Betty & Henry Gary 317 Osceola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 317 Osceola Ave., Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1). Unlawful Maintenance of Nuisances. City Attorney Yvette Brown introduced the case. Code Enforcement Officer O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the accumulation of high grass and weeds on the property. Ms. O'Shea asked the Respondent be given until October 16, 2007 in order to comply. She stated the Staff is recommending a fine of $25.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. The Respondent was not present. Chairman Purvis asked if this property is occupied. Ms. O'Shea stated that it is and she called the home owner and spoke to someone there and they said they would take care of the violations. She stated once the property was posted they did attempt to mow, but it is still not complete. She stated she had the car that was parked on the property towed. Les Booker made a motion to frnd the Respondent in violation of the cited City code and be fined immediately on October 16, 2007 and be fined at a rate of$SO OOper day' seconded by Joe Janusiak. The vote was unanimous in favor o~finding the Respondent in violation :. CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 CASE N0.07-361 Seeranie Nandram 94-09 133`d St. Richmond Hills, NY 11419 LOCATION OF VIOLATION: 535 Osceola St., Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76 (3). Minimum Housing Standards. City Attorney Yvette Brown introduced the case. Code Enforcement Officer O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: 1) Holes in the interior and exterior walls of the residence, 2) Weak floorboards in the kitchen, marked by an "X" on the floor, 3) Window panes missing, 4) Unsafe electrical conditions. Ms. O'Shea asked the Respondent be given until October 16, 2007 in order to comply. She stated the Staff is recommending a fine of $50.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. The Respondent was not present. Chairman Purvis asked if this is a multifamily dwelling. Ms. O'Shea stated she has heard there are multiple tenants in there but it is a single family home. Board member Joe Janusiak asked why we not condemn this property. Board member A.D. Van Demark asked if someone should make the tenants leave because it is not safe to occupy. Code Enforcement Officer Suzanne O'Shea asked Council if they had the ability to condemn the property. City Attorney Yvette Brown explained that if she felt it would cause a health, safety and welfare of the tenants then she could ask the Board to tag the property and at that point it would be evaluated. She stated the Florida Statutes would allow her to go in and secure the property. Code Enforcement Officer Suzanne O'Shea stated she felt the property was at this level. 10 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 City attorney Yvette Brown stated that what they are doing is adding an additional request to the recommendation that they believe this violation constitutes a threat to the public health, safety and welfare. She stated that under Statutes 162.1 that allows the City to do what they need to do if the property fails to come into compliance. She stated that if they are going to tag the property they need give the Respondent notice and they should extend the date from October 16 to at least give them at least 7 to 10 days to come into compliance. There was discussion between Council to try to determine the process of condemning or tagging a property. Board members expressed their concerns to the condition of the property. City Attorney Yvette Brown stated that the City needs to go through due process and the Respondent is on notice so they can move to the next step. Code Enforcement attorney Valerie Fuchs stated that this evening the only jurisdiction they have is to find those in violation of the code set the fine and the day the fine will begin. Chairman Purvis requested a 5 minute break. City Attorney Yvette Brown stated that they needed to take a step back and be clear on the issue not making a requesting or making a recommendation for a threat to health, safety and welfare. She stated that at one point the Code Enforcement Officer did acknowledge and believed that the property was a threat to health, safety and welfare of the public. Ms. Brown stated that after further review of the definition of what is considered a serious threat to health, safety and welfare of the public, they agree that they are not electricians so the City staff can not put testimony before the Board that there are any electrical problems that would rise to the level of possibly threats to the safety, health and welfare of the tenant. She stated there was discussion about a hole in the linoleum and it is an opinion. She stated it is a problem and she is not disagreeing that it appears there is a landlord taking in money and not taking good care of the property. She stated the other issue was the pool and that in this particular case there is no water in the pool. She stated that at this time these are all opinions. Code Enforcement Attorney Valerie Fuchs stated that attorneys can not testify for the Code Enforcement Officer. Ms. O'Shea would need to put on the record that it is her opinion that she is rescinding her previous opinion that the property was a serious threat to the public health, safety and welfare at this time. Code Enforcement Officer Suzanne O'Shea stated that she agrees with what the attorney just said and that it does not quite meet being condemned or forcing the tenants out. But it is a situation that would warrant a stiff fine immediately. She stated the previous tenant who complained stated the landlord just does not want to spend the money to fix the property. 11 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 Code Enforcement Attorney Valerie Fuchs stated that this does not prevent the Staff from going back out in the future and come back before the Board with a more serious request. Ms. O'Shea stated that the property is not inhabitable. Chairman Purvis questioned Ms. O'Shea how she could state 10 minutes after saying that she thought this was a danger and now she is saying it might not be that bad. Board member Les Booker stated that if a house is in violation of minimum housing standards, if that is the case how can they allow the property to still be occupied. He stated that it is either minimum or satisfactory. Ms. O'Shea stated that it is bare minimum standards. Board member Tim Murry asked if the City could have the fire department or Board of Health to go to the property and give their recommendation. Ms. O'Shea stated that the fire department can only do inspections on commercial property. Board member Tim Murry asked what is the avenue for condemning a property. Ms. O'Shea stated that examples of minimum housing standards can include a missing window pane but does that warrant for the occupant to be thrown out of their house, she does not know the status of their electrical condition. She stated the resident who complained stated it was unsafe and they saw sparks flying, but she did not see it herself. She stated she is just going by what she saw and what she was told and that is why she has requested for them to have electrical inspection. Board member Tim Murry asked why the City could not get someone who is qualified to go out there to inspect the property. A. D. Van Demark made a motion to find the Respondent in violation of the cited City code and be fined immediately on October 16, 2007 to compl oy r be fined at a rate of $100.00 per dam seconded by Joe Janusiak. Terry Felder requested an amendment to the motion. The motion was amended to A. D. Van Demark amending the motion to find the Respondent in violation of the cited City code and be fined immediately on October 16, 2007 to com~l or be fined at a rate o,~ $250.00 per day; seconded by Joe Janusiak. The vote was unanimous in avor of rnding the Respondent in violation, the time period, and the amount o the ine. 12 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD OCTOBER 16, 2007 OLD BUSINESS CASE N0.07-328 Al-Karim Jivraj 1770 Deer Isle Circle Winter Garden, FL 34787 LOCATION OF VIOLATION: 528 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76 (3). Minimum Housing Standards Ch. 3, Sec. 301-307.6 City Attorney Yvette Brown introduced the above referenced case and said the Respondent was not present so this item would not be heard. There being no further business, the meeting was adjourned. Attest: -~- Rae hidlow, Code Enforcement Clerk 13