Loading...
11-20-2007 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 20, 2007 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, Tim Murry, A. D. Van Demark, Les Booker, James Davern and Terry Felder. Also attending were Betty McMinamen, Code Enforcement Officer, Suzanne O'Shea, Code Enforcement Officer, Jason Bulman, Animal Control Officer, Gerald Fedroff, Animal Control Officer, Yvette Brown, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, Jim Hitt, Planning and Zoning Director, and Joy Thys, Code Enforcement Clerk. The Pledge of Allegiance was recited. Chairman Jim Purvis stated that there will be a Code Enforcement Workshop to be held on December 6, 2007 at 6:00 pm in the back room of the Council Chambers. Mr. Purvis announced that Terry Felder would no longer be on the board. The minutes from the Code Enforcement Board Meeting of October 16, 2007 were approved as written. Code Enforcement Chairman Jim Purvis read the Opening Remarks. 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. Attorney Valerie Fuchs stated that the Workshop is to be held on December 12, 2007 at 6:00 pm. NEW BUSINESS CASE NO. 07-372 Ann Scott 1875 Knollcrest Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 1875 Knollcrest Dr., Clermont, FL 34711 VIOLATION: Animal Control Ordinance Chapter 10, Section 10-29. Dangerous animals. City Attorney Yvette Brown introduced the case. Animal Control Officer, Gerald Fedroff, 400 12th St., stated he was here to deem Ms. Scott's dog as dangerous. He stated that Ms. Scott's dog has bitten two people already and has been running loose at other times. He stated the most recent incident was CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 someone was jogging by Ms. Scott's house and the dog ran out and bit the jogger on the calf. Chairman Purvis asked what kind of time frame did these events occur. Mr. Fedroff stated that on December 29t" of 2006 he was called about the dog running loose at which time Ms. Scott was given a warning. On December 31, 2006 the dog was loose again and tried to attack a neighbor's dog. He stated he gave Ms. Scott another warning being he did not see the animals himself. On August 18, 2007 the dog ran to the neighbor's house across from Ms. Scott's house and was harassing the neighbor's dog. V~hen the neighbor went to Ms. Scott's house to advise her that the dog was loose her dog bit him on the calf. He stated they did a bite report and did a home quarantine with her to keep her dog at her house. The dog bit again on October 27, 2007 when the jogger was walking by and the dog ran out and bit her. He stated he went to Ms. Scott on October 29, 200? the dog was loose again when he was supposed to be under home quarantine. He stated he went back on the 31St and took it to the County shelter because Ms. Scott broke the home quarantine rules and at that point he cited the dog as a dangerous dog. Board Member Felder asked if the property is fenced. Mr. Fedroff stated that the property is not fenced. Board Member Felder asked that if the property owner gets a fence would that be okay. Mr. Fedroff stated it would be helpful but during the home quarantine the animal has to be leashed and under the control of the owner. Board Member Felder asked what happens after the 10 day quarantine, can the animal be allowed to run loose in the yard. Mr. Fedroff stated that was correct. Board Member Davern asked what does the City Code state about restraining the dog? Mr. Fedroff stated that the dog either has to on a leash or be controlled by the owner. He stated that voice command is not control. Chairman Purvis asked for an explanation of what the stronger restrictions are during the 10 day home quarantine. He also asked Mr. Fedroff to explain what he observed and why the dog was not in compliance. 2 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 Mr. Fedroff explained that when he went to Ms. Scott's house on the 29~' for a follow up he was standing at the door talking to Ms. Scott; the dog ran up behind him at which time Ms. Scott did not realize the dog was even out. Chairman Purvis asked if this is covered under Chapter 10, section 10-29. Attorney Fuchs explained that under the Florida Statues there is a provision regarding dangerous animals and the City has adopted that procedure into the City code. She stated that what they need to do tonight is give enough evidence to determine whether this dog should be classified as dangerous. If the dog is deemed dangerous there is a whole list of things the owner has to follow and if they violate the provisions then it becomes a 1St degree misdemeanor. Attorney Brown read the dangerous animal code adopted by the City. Board Member Davern asked how severe was the injury. Mr. Fedroff stated that it did puncture the calf. Chairman Purvis asked if that was his definition of severe. Mr. Fedroff stated it is not a definition of "severe" but of a "bite". Attorney Brown stated that there were steps taken to try to quarantine the animal. She stated they understand that this is someone's pet however there have been two incidents where the animal attacked without being provoked. She stated that there is sufficient evidence to find that this animal is dangerous. Board Member Davern stated he does not see where there is severe injury. Attorney Brown stated that it doesn't have to be severe, it has aggressively bitten. Board Member Murry stated that the way he reads the provision is; if a dog aggressively attacks a person and bites the person then the animal can be classified as dangerous. He stated that the injury doesn't have to be severe. He asked if the owner was cited for not obeying the quarantine rules. Mr. Fedroff stated that is why the dog was taken to the County shelter. Chairman Purvis asked how long was the dog in the County shelter. Mr. Fedroff stated that the dog was supposed to still be in the County shelter so he does not understand how the owner got the dog from the shelter. 3 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 Paul Scott, 1875 Knollcrest Dr., stated that the neighbor across the street from him came into his yard. He stated that if his dog did bite him, then the neighbor must have entered his yard. Ms. Scott stated that both incidents happened on their property. She stated that when the dog was under quarantine and Mr. Fedroff came to speak to her about the dog her daughter had opened the garage door and the dog walked around to see what was going on. She stated that she had been told to keep the dog on a leash but her daughter opened the garage door and let the dog out. Chairman Purvis asked if the dog is walked around the neighborhood or is the dog just confined to the property? Mr. Scott stated that the dog is confined to the property. Ms. Scott stated she does not take the dog for walks. Chairman Purvis asked what happen to the medical bills for the two people who were bit. Mr. Scott stated that as far as they know there were no medical bills. Ms. Scott stated that if the dog is declared dangerous she would have to pay $400 a year and he would have to wear a muzzle if he was around anyone. James Davern made a motion to find the dog as dan~eerous; seconded by A.D. Van Demark. The vote was 3-4 and did not~ass to find the do~danQerous. Opposing the dangerous dog vote was Board Members Felder Purvis, Janusiak, and Booker. CASE NO. 07-365 Lakshminarine Rampersad 677 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 677 W. 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 stated they did not obtain service on this case so this case will not be heard. 4 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 CASE N0.47-367 William & Renee Banzhaf 790 Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 790 Minneola Ave., Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76 (12) Unsafe Building due to Deterioration. 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: "Any building, structure or portion thereof that is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment." Insufficient egress in the building; windows sealed shut. Bathroom corner of wall is separating, interior and exterior holes in walls and ceiling, plumbing leaking, unsafe electrical conditions which include overloaded circuits and substandard wiring. The exterior structural supports are unsafe and pose an extreme hazard to occupants of the building. Exterior walls of the building are damaged and in extremely poor condition, excessive debris is piled underneath the building, excessive vegetation and debris around the building, the interior of the building is hazardous due to old paint cans, pesticides, gas cans, and extensive debris piled in a manner that creates hazardous conditions (wood, tools, furniture, signs, cans, etc). Ms. O'Shea asked the Respondent be given until April 15, 2008 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 the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. Board Member Booker asked why so many days to come into compliance. Ms. O'Shea stated that there is a lot of work to be done. Board Member Felder asked why the Fire Inspector came in. 5 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 Ms. O'Shea stated she did not know why the Fire Inspector was there, she believes it was just a routine inspection. Board Member Booker asked if the property is secure with a fence or anything else. Ms. O'Shea stated that there is not a fence around the property. Chairman Purvis asked how did she get photographs of the interior when she was not invited in. Ms. O'Shea stated that the Fire Inspector called her and told her to come over. She stated that the occupant who was renting the one space that is now vacant invited her in. Chairman Purvis asked that there was rental income coming from this property at the time of inspection. Ms. O'Shea stated that yes at that time there was. Board Member Booker stated that he understands there are three parts to this building, two are occupied and one is vacant. Ms. O'Shea stated the two sections are in use. Jim Hitt stated that he had received a phone call from the previous tenant and he had recommended that he call the Fire Inspector. William Banzhaf, 790 W. Minneola, stated that the tenant in question was Steve Berlinsky and had requested a number of things to be done. He stated that Mr. Berlinsky had more computer equipment than what the building was wired for. He stated Mr. Berlinsky did a lot of the work that is in code violation himself. Mr. Banzhaf stated that Mr. Berlinsky later came back to him to complain because the building was not up to his requirements. Mr. Banzhaf stated he feels Mr. Berlinsky wanted out of his lease. He stated that the picture stating excessive connections was done by Mr. Berlinsky, but the excessive connections have been removed. He stated there was a leak in the roof and the tape was coming off the drywall. He said they were re-taping the drywall and mudding the drywall. Chairman Purvis asked what the space was rented for and what is the zoning for that area. Mr. Banzhaf stated it was rented for office space and is zoned CBD. Chairman Purvis asked if there was anything in the lease that stated that Mr. Berlinsky would have excessive electric throughout the rented space. 6 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 Mr. Banzhaf stated there was nothing said at the time of the lease. Board member Davern asked if the building was in compliance now. Mr. Banzhaf stated it is not completely in compliance but he was showing what progress he made to the building to correct the issues. Board member Felder asked Mr. Banzhaf if he was in agreement that he was not in compliance. Mr. Banzhaf stated he agreed and he was going to ask for 180 days to correct the building. He stated that the reason why is the engineer needs 3 months just to get the engineering drawings done. James Davern made a motion to find the Respondent in violation of the cited City code and be Qiven 180 days to comply (May 20 2008 or be fined at a rate o $200 00 per day• seconded by A. D. Van Demark. The vote was 6-1 in avor of the time period and the amount of the ane with Board member Murry opposing CASE N0.07-368 William & Renee Banzhaf 790 Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 790 Minneola Ave., Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-344 (a). Building Permit Required. City Attorney Yvette Brown introduced the case. Code Enforcement Officer O'Shea stated that they are in violation of the referenced section of the City of Clermont Code of Ordinances due to the interior walls and ducts constructed without zoning approval or a building permit from the City of Clermont and Lake County. Ms. O'Shea stated that in order to come in compliance of this violation will be when the zoning clearance is obtained from the City of Clermont Planning & Zoning Department for all of the work that has been performed to the interior portion of the building. In addition, this will also require a Building Permit from the Lake County Department of Growth Management, Building Services Division. Work is to be completed as approved and permitted. 7 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 Board member Davern asked if the structures will remain. William Banzhaf, 790 W. Minneola, stated that he would like to leave the partition walls in. He stated that he was told by Mr. Berlinsky that he did not have to have permits to put up partition walls. James Davern made a motion to f nd the Respondent in violation of the cited City code and start the one January I S 2008 and be fined at a rate o, f ,$SD. 00 per day; seconded by Joe Janusiak. The motion was amended to start the fine Februar 19, 2008. The vote was unanimous in favor of findingthe Respondent in violation and in.favor o~the time period and the amount of the ane. CASE N0.07-369 Pruett Properties, Inc. 747-797 Roane St. Clermont, FL 34711 LOCATION OF VIOLATION: 747-797 Roane 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 during a recent inspection of your property, you were found to be in violation of the above referenced section of the City of Clermont Code of Ordinances due to, but not limited to the following: WINDOWS - Section 305.10 Windows to be operable: Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware. Section 305.8 Windows to be lag zed: Every window shall be fully supplied with glass window panes or an approved substitute which are without open cracks or holes. Section 305.13 Screens: Dwelling units which do not have a central air conditioning system shall have screens on all exterior openable windows and doors used or required for ventilation. Windows are not functional and safe. There are windows that cannot be opened at all, and windows that slam down presenting a hazard to tenants. Screens are not present in many windows and exterior doors, which are required for all rooms that do not have central air conditioning. All screens shall be free from rips and tears. Window panes are not present in all windows. DOORS- Section 305.11.1 Exterior Doors: Every exterior door, basement, or cellar door and hatchway shall be substantially weather tight, watertight, and rodent proof, and shall be kept in good working condition and repair. Section 305.11.2: Every exterior door shall be provided with properly installed hardware that is maintained to insure reasonable ease of operation to open, close 8 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 and secure in an open and closed position, as intended by the manufacturer of the door and the attached hardware. Doors have expanded and do not adequately shut and remain closed. There are also doors that are not in good condition and are not weather tight. Doors have holes and gaps allowing rodents and/or insects to enter. There are locks that are not functional and do not secure the exterior doors. WALLS- Section 305.2 Exterior Walls: Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. Section 305.16 Interior Floors, Walls, and Ceilings: Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Section 305.16.2: Every toilet, bathroom and kitchen floor surface shall be constructed so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. Exterior and interior walls, fascia and molding are in disrepair. There are holes and rotted wood allowing rain, rodents, and insects to enter the interior of the residence. Ceilings appear to be weak and falling in some apartments. Mold/mildew is present in many units around the windows, on the walls, under cabinets, etc. Exterior vents to buildings are not sufficiently secured to the building, allowing rodents to enter. KITCHEN -Section 302.6 Kitchen Facilities: Every dwelling unit shall contain a kitchen equipped with the following minimum facilities: 1). Food preparation surfaces impervious to water and free of defects which could trap food or liquid. 2). Shelving, cabinets or drawers for the storage of food and cooking and eating utensils, all of which shall be maintained in good repair. There are gaps between the kitchen countertop and the wall allowing water, insects, and mold/mildew to infest the area. Cabinets and shelves are weak and not capable to store food and supplies. Cabinets are infested with insects and rodents. EXTERMINATION- Section 307.5: Every occupant of asingle-family dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. There are insects seen within the units; in the walls, cabinets, plumbing, etc. PLUMBING- Section 302.1 Sanitary Facilities: Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions. There are fixtures missing in bathrooms (i.e. -shower heads, toilet tank cover), leaking water heaters, leaking faucets, etc. There are exterior pipes to the building that leak. Smoke Detector- Section 302.9 Smoke Detector System: Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendations and listing. Smoke detectors are missing from apartments. Accessory Structures-Section 305.15 Accessory Structures: Garage, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. The structure towards the rear of the complex is extremely unsafe. There is rebar sticking out the top of the blocks, blocks are broken with sharp edges, blocks are not structurally safe and pose a hazard to residents. Care of Premises-Section 307.4: It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all abandoned items, 9 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 including but not limited to weeds, dead trees, trash, and garbage. There is extremely high grass and garbage in the interior of the dilapidated structure, having the potential to attract rodents. There are mattresses, furniture, and other such items piled near the dumpster, and in the parking lot. Barbed wire wrapped around pole poses hazard to residents. Ms. O'Shea asked the Respondent be given until November 21, 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 the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. Steve Pruett, 2812 Dolly, Orlando, stated that when he purchased the property in 1992 it was a drug infested dangerous area. He stated that half the property was boarded up. He stated he has been working with rehabbing the property. He stated that every time a tenant moves out they do what they can to make the living conditions safe and reasonable. He explained what has been done over the period of time that he has owned the property. He stated he does not have a problem with bringing the building into compliance. Chairman Purvis asked if there is an inspection process done by the City when one tenant moves out before it is rented to another tenant. City staff stated they do not inspect in between tenants. Board member Davern stated he sees a need for his type of housing that Mr. Pruett is providing. He asked what his plan is to meet the code violations. Mr. Pruett stated that regarding the building in back, if he cannot do anything with it he will tear it down. He stated that the springs have been replaced in the windows already. He needs to get three roofs. He stated he has replaced several of the doors. He stated that most of the violations were in one apartment where they were having problems with the tenant who was being evicted. He stated the tenant has moved out and they are making the repairs inside. He stated a lot of work has been done, but he may need 3 to 6 months to finish the work. Attorney Brown stated that November 21 sc is what staff recommended. She stated that he needs to invite the Code Enforcement Officer in to inspect what has been done and maybe grant him 30 days. Board member Booker stated there is no way the work can be done by tomorrow. Code Enforcement O'Shea stated there is still a lot of work to be done. 10 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 Board member Felder stated that this property is disgusting and people should not live in these conditions. Board member Davern stated he still sees a strong need for low income rentals but the issues need to be resolved. Board member Booker stated he sees a long term problem and is not willing to give a long length of time to fix the situation. Board member Van Demark stated that the City needs low income housing however it needs to be safe and sanitary. Board member Murry stated they do need low income housing in that area. He agrees the area still needs help fighting the drugs. He stated there has not been any significant improvements in any of the apartments since 1992. He feels they need to give him a little more time but the City has proven its case. Board member Janusiak asked how much time he would need. Mr. Pruett stated he needs 3 to 6 months. He agrees there is a lot that needs to be done. He needs Code Enforcement to come in and he will do as much as he can to comply. Chairman Purvis stated the low income housing is needed but the pictures speak for themselves. He suggests that they find the Respondent in violation and follow the staff's recommendation. He also suggests that all apartments that have been inspected and testified to this evening, be re-inspected before another tenant is back in there. He also wants the entire building available for inspection so that every unit is inspected before this case is closed. He asked Mr. Pruett if he was in agreement to these conditions. Mr. Pruett stated he agreed to the conditions. Board member Booker stated that he feels 90 days is sufficient and Mr. Pruett can come back in 90 days with a list of what is not done, then he can ask for additional time. Mr. Pruett, 623 N. Lakeview Ave. Winter Garden, stated they have strived to keep the rent down. He stated the one who complained is the one who was being evicted. He said that when they evict tenants then it typically becomes the worst apartment. A D 1/an Demark made a motion to~nd the Respondent in violation ofthe cited City code and to one the Respondent for the violation of the cited City code and start the one in 90 days on February 19, 2008 and be~ned at a rate of $200 00 per day,. seconded by Terrv Felder. The vote was unanimous in favor o~nding the Respondent in violation and in favor of the time period and the amount o the one. 11 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 CASE NO. 07-371 Advance Watershapes by Native Pools, Inc. John Wetzel 101 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 101 E. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-347 (a). Open Air Sales City Attorney Yvette Brown the Respondent was not present so this case will be moved to the end of the agenda. CASE NO. 07-374 East Lake, LLC Brookdale Loop Clermont, FL 34711 LOCATION OF VIOLATION: Brookdale Loop., Clermont, FL 34711 VIOLATION: Ordinance No. 302-C, Chapter 94, Section 94-199. Sediment Control. 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 properties, roadway, and storm drains around Brookdale Loop that do not have the required sediment control measures. Ms. O'Shea asked the Respondent be given until November 20, 2007 in order to comply. She stated the Staff is recommending a fine of $250.00 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. Board member Davern asked if there are residents in the subdivision at this time. Code Enforcement O'Shea stated that there are residents who already live there. Curt Cogin, 541 S. Orlando Ave., stated that this has not happened over night. He stated that they have started correcting the issues already. 12 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 James Davern made a motion to find the Respondent in violation of the cited City code and be fined starting on December 18, 2007 and be fined at a rate of $250 00 ep r day' seconded by Joe Janusiak. The vote was unanimous in favor of anding the Respondent in violation and in favor o the time period and the amount o the ane. CASE NO. 07-375 East Lake, LLC Brookdale Loop Clermont, FL 34711 LOCATION OF VIOLATION: Brookdale Loop., Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1) (2). 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: Weeds- The excessive accumulation of weeds and grass on the properties under construction. Accumulation of Refuse- Concrete blocks piled over the storm drain on Brookdale Loop Ms. O'Shea asked the Respondent be given until November 21, 2007 in order to comply. She stated the Staff is recommending a fine of $100.00 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. A. D. Van Demark made a motion to find the Respondent in violation of the cited City code and be fined starting on December 18, 2007 and be fined at a rate of $100 00 per day • seconded by Terry Felder. The vote was unanimous in favor of finding the Respondent in violation and in avor of the time period and the amount of the rne. CASE NO. 07-376 East Lake, LLC Brookdale Loop Clermont, FL 34711 LOCATION OF VIOLATION: Brookdale Loop., Clermont, FL 34711 13 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 VIOLATION: Ordinance No. 281-C, Chapter 102, Section 102-20. Development Sign Too Large 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 chapter of the City of Clermont Code of Ordinances due to the following: the sign at the corner of Hunt St and Bloxam Ave does not meet the criteria under this section. The sign is too large and does not meet the setback. (Sign states, "NOW SELLING, LIMITED # REMAIN, HUGE BUILDER DISCOUNTS, (407)865-7111). Ms. O'Shea asked the Respondent be given until November 21, 2007 in order to comply. She stated the Staff is recommending a fine of $100.00 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. A.D. Van Demark made a motion to fnd the Respondent in violation ofthe cited City code and be fined starting on December 18, 2007 and be fined at a rate of$100.00per day' seconded by Joe Janusiak. The vote was unanimous in favor of anding the Respondent in violation and in avor of the time period and the amount o^the fine. OLD BUSINESS CASE NO. 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 above referenced case. and said the Respondent was here to ask the Board for more time. Richard Olga, 811 E. Highway 50, stated he has done as much as he could. He explained what has been done. He stated what is left is the pole signs. He stated he has someone scheduled to come down December 13th to get them down. He stated he has taken bids for someone to come take the pumps and signs. He stated it may take a few days past the December 13th date. He stated the lawn maintenance has been taken care of and it will be kept up. 14 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 Joe Janusiak made a motion to allow an additional 30 days (December 18, 2007) or the Respondent to take care of the remaining, code issues; seconded by A.D. Van Demark. The vote was unanimous in avor o diving the Respondent an additional 30 days to comply OTHER BUSINESS CASE NO. 07-328 Al-Karim Jivraj 528 W. Minneola Ave. Clermont, FL 34711 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 has complied with the code. She stated on October 16, 2007 the property was not in compliance and the $200 a day fine started. She stated there is a total fine due of $6000. Al-Karim Jivraj, 528 W. Minneola Ave., stated he has done everything and the reason why he could not meet the deadline was financial reasons. He stated he has upgraded everything and now has two apartments rented out. He stated he is asking for forgiveness of the fine. Chairman Purvis stated he commends the Respondent and he supports the forgiveness of the fine. James Davern made a motion to forgive the $6000 ane that is pending on this case; seconded by Les Booker. The vote was unanimous in favor o~giving the Respondent ~giveness of the $6000 ine. CASE NO. 07-371 Advance Watershapes by Native Pools, Inc. John Wetzel 101 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 101 E. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-347 (a). Open Air Sales City Attorney Yvette Brown introduced the case. 15 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD NOVEMBER 20, 2007 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: -Display of retail merchandise in the front parking lot of the business. (Specifically, pools and spas). Ms. O'Shea asked the Respondent be given until November 21, 2007 in order to comply. She stated the Staff is recommending a fine of $100.00 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. Code Enforcement O'Shea stated the certified mail was not received by the Respondent. The compliance date was the 1St and it was not met. The notice to respond was the Stn and mailed directly to the business and was received on the 6th. The inspection was done on the 6th, 14th and today. She stated that at 5:00 p.m. today she received a call that the pool was moved. Attorney Brown stated all they are looking for is to find the Respondent in violation being they have complied. James Davern made a motion to fnd the Respondent in violation of the cited City code with no one imposed; seconded by Joe Janusiak. The vote was unanimous in favor offin ing the Respondent in violation. There being no further business, the meeting was adjourned. r Purvis, Chairman Attest: o ys, o e nforcement Clerk 16