Loading...
01-15-2008 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD • JANUARY 15, 2008 The regular meeting of the Code Enforcement Board was called to order on Tuesday, January 15, 2008 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, Tim Murry, A. D. Van Demark, Les Booker, and James Davern. Also attending were Betty McMinamen, Code Enforcement Officer, Suzanne O'Shea, Code Enforcement Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, Jim Hitt, Planning and Zoning Director, and Rae Chidlow, Code Enforcement Clerk. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of November 20, 2007 were approved as written. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officers Betty McMinamen and Suzanne O'Shea and the witnesses to testify were sworn in. Jim Purvis gave the floor to Code Enforcement Staff and Attorney. NEW BUSINESS • CASE N0.07-365 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 Dan Mantzaris introduced the case. Code Enforcement Officer Betty 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, but not limited to, allowing the free-standing TEXACO and CONVENIENCE store pole sign to remain on your property and advertising businesses that ceased to exist March 24, 2006, after the fire in the convenience store building. Compliance of this violation will be when you have removed all of the unlawful and nonconforming free-standing pole signs from the . property, since no business has existed at this location since the cessation of water and electric services to this building since March 24, 2006. She stated the Respondent is CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD • JANUARY 15, 2008 not present, however the case will be heard tonight. She stated the property has been posted and City Hall has been posted. The certified mail was returned but the regular mail was not. Chairman Purvis asked if it is only the pole sign or are there other signs. Code Enforcement Officer Betty McMinamen stated that the pole sign is the only sign that is left; all the others have been removed. Chairman Purvis stated that rather than fining someone is there a mechanism in place for the City to just remove the sign since the property has been abandoned and to lien the property for the cost. Attorney Mantzaris stated there would be if we could determine that the sign is unsafe. Then we could remove the sign. He stated that the Code Enforcement Officer has not made a determination that the sign is unsafe. He pointed out that the Respondent is not present. However the property was posted, so it is appropriate service to pursue this case. James Davern made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for every day in violation starting January 1 S 2008 ~ seconded by Janusiak. The vote was unanimous in avor of findin.~ the Respondent in violation and in avor o the time period and the amount of the ane. CASE N0.08-377 Jimmie E. Jackson 300 BLK W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 300 BLK W. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances. City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne 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. Compliance of this violation will be when the premises have been returned to a condition met with custom and usual maintenance, clean of all dead, • dying, and/or excess vegetation, uniformly trimmed and mowed, with all clippings removed from the property. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD . JANUARY 15, 2008 Chairman Purvis asked if this is in a residential area. Code Enforcement Suzanne O'Shea stated the property is located on Highway 50. Dorothy Jackson Lewis stated she was here to represent Jimmie Jackson. She stated that Jimmie is out of town and thought someone was cleaning up the property. She stated that they are requesting an extension on the fine so they could get the property cleaned up. Board member Booker asked how much time she is asking for. Ms. Jackson stated that they could try to have it done by January 22, 2008. She stated they would have to find someone to do the work. Tim Murry made a motion to find the Respondent in violation of the cited City code and be given until February 1, 2008 or be fined at a rate of $150 DO per day' seconded by Janusiak The vote was unanimous in favor offindin.~ the Respondent in violation and in~avor o the time period and the amount o the fine. CASE N0.07-379 • Robert Kemper & Sandra Tickner 1385 Lake Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 1385 Lake Ave., Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-344 (g). Fence located in right- of-way. City Attorney Dan Mantzaris stated this case has complied and will not be heard. CASE N0.08-381 L & Jim Properties, LLC 235 Carroll St. Clermont, FL 34711 LOCATION OF VIOLATION: 235 Carroll St., Clermont, FL 34711 VIOLATION: Ordinance No. 336-C, Section 66-220 (b). Watering Restrictions. City Attorney Dan Mantzaris stated this case has complied and will not be heard. • 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD • JANUARY 15, 2008 CASE N0.08-383 Roger J. Foerg 1949 Sunset Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1949 Sunset Lane, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (2). Unlawful Maintenance of Nuisances. City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne 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 cans, bottles, waste containers, chairs, tables, cardboard and various other debris scattered around the property. Compliance of this violation will be when the cans, bottles, cardboard, debris, containers, etc. have been removed from the property. She stated the • City is treating this case as a repeat violation and is asking for the fine to start on the day the notice was sent. City Attorney Dan Mantzaris stated that City's code as well as Chapter 162 allows for this case to be heard as a repeat violation if the Board finds the Respondent to be in violation again. The Board may assess a fine as of the date the repeat violation first occurred. Robert Boyatt, 9 Minnehaha Circle, stated he was speaking for Mr. Foerg. He stated he became involved with this case yesterday at about 2:00. He stated that Mr. Foerg is an elderly man who is still active. He stated he does not dispute what Code Enforcement Officer O'Shea found, and that it is a horrible mess. He stated they have been cleaning nonstop. He is asking for the Board to forego the penalty. He stated that he will make sure the property stays clean from this point forward. Mr. Boyatt stated that he has talked to the Respondent and told him this will not continue to happen. He stated he is asking for leniency. City Attorney Dan Mantzaris stated that this is not Mr. Boyatt's property. He stated that he can vouch for his own personal character to take care of it; however, he is at the mercy and control of the owner of the property who can at any given point say, "Sorry I don't want you to do this." He stated that if the Board is not going to go with the City's recommendation on this, to at least assess an administrative cost for the staff having to 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD • JANUARY 15, 2008 bring it to the Board and for advertising. He stated they would like to ask for cone-time $250 administrative fee. Chairman Purvis stated that he does not support the requested citing the Respondent's advanced age. Code Enforcement Attorney Fuchs cautioned the Board that they might want to add to the record because what the record might reflect now is that if someone is over 80 years old they might get a pass for a violation. James Davern made a motion to~nd the Respondent in violation ofthe cited City code, the property is in compliance this is a repeat violation but recommend that the one not be administered • seconded by Janusiak. The vote was unanimous in favor of finding the Respondent in violation and in avor ofnot fining the Respondent. Board Member AD Van Demark stated that any future violations will be dealt with more severely; possible with a fine of $250 a day. Chairman Purvis stated that the City has the opportunity at any time to bring the case back as a repeat offense again. Board Member AD Van Demark stated that he understands the City's position on this but what he is trying to do is send a message to the Respondent that he is receiving a pass on this instance but in the future it will not be accepted. Chairman Purvis stated that they have given passes, and the Council has given passes, but that adding that language to the motion really is not necessary. There being no further business, the meeting was adjourned. Attest: Rae Chidlow, Code Enforcement Clerk 5