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Minutes - 09.16.2024 - Code Enforcement BoardCITY OF CLERMONT CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 16, 2024 CALL TO ORDER Chair May called the meeting of the Code Enforcement Board to order on Monday, September 16, 2024, at 6:00 pm. ROLL CALL MEMBERS PRESENT: Chair May, Vice -Chair Camps, Member Fomoles, Member Forth, Member Kilburn, and Member Whitehead MEMBER ABSENT: Member Falcone ALSO PRESENT: Code Enforcement Officers Snodgrass, and Cortez; Code Enforcement Manager Wallace, Code Board Attorney Brackins, City Attorney Brandt, Development Services Director Henschel, and Development Services Coordinator Heard PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE MINUTES Motion to approve the Minutes for the July 15, 2024 Code Enforcement Board Meetin.er Moved by Member Whitehead.- Seconded by Vice -Chair Camps. Motion gassed 6-0 with Member Falcone absent. OPENING STATEMENT Chair May made the opening remarks. SWEARING IN WITNESSES Code Enforcement Officers Wallace, Cortez, and Snodgrass, city staff, along with any of the public who may testify were sworn in. OTHER BUSINESS ITEM 1— CASE NO. C2404-0069 Libre Real Estate LLC 1000 W. Montrose Street LOCATION OF VIOLATION: 1000 W. Montrose Street REQUEST: Motion to Lien The Respondent was not present. City Attorney Brandt introduced the case and explained at the July meeting this Board found that a violation existed on this property for weeds. As of today, this property is still not in compliance. The property owner and agent have been sent proper notice, and no one is present representing the property. The City is requesting a lien be placed on the property in the amount of $4,800 and continue to accrue until the property comes into compliance. Member Vice -Chair Camps made a motion to lien in Case No. C2404-0069- seconded b_trMember Forth. Motion passed 6-0 with Member Falcone absent. Code Enforcement Board Meeting September 16, 2024- UNFINISHED BUSINESS ITEM 2 — CASE NO. C2404-0035 Kings Ridge Golf Club of Lake County LLC 1950 Kings Ridge Blvd LOCATION OF VIOLATION: 1950 Kings Ridge Blvd REQUEST: Reduction of Fine City Attorney Brandt introduced the case and asked if anyone is present representing Kings Ridge. Representative Stephen Finch for Respondent was present and sworn in. Stephen Finch, Representative for Kings Ridge, 1950 Kings Ridge Boulevard, asked for their fines to be reduced and explained the circumstances involved in order to come into compliance and get the violations resolved. City Attorney Brandt explained Kings Ridge resolved the violation and have remained in compliance; and further, the City accepts the reduction request of $500. Member Fornoles made a motion to reduce the fine in Case No. C2404-0035 from $2.000 to $500 to be paid on or before October 16 2024: and further. failure to pa11 will result in reverting the fine to its original amount of $2.000: seconded bi, Vice -Chair Camps. Motion passed 6-0 with Member Falcone absent. ITEM 3 — CASE NO. C2312-0017 GLORI-1295 LLC (Noland's Roofing) 1295 W. Highway 50 LOCATION OF VIOLATION: 1295 W. Highway 50 REQUEST: Reduction of Fine City Attorney Brandt introduced the case. Representative Daniel Bell for Respondent was present and sworn in. Daniel Bell, 1295 West Highway 50, explained their steps to remedy the situation and asked for a reduction of fine. City Attorney Brandt informed the Board the City supports reducing the fine to $1,200. Member Forth made a motion to reduce the fine in Case No. C2312-0017 from $6.000 to $1,200 to be paid on or before October 15, 2024: and further, failure to wv will result in reverting the fine to its original amount of $6.000: seconded hi., Vice -Chair Camps. Motion passed 6-0 with Member Falcone absent. 2 Code Enforcement Board Meeting September 16, 2024 ITEM 4 — CASE NO. C2405-0019 Linda Lalchan 1870 Vale Drive LOCATION OF VIOLATION: 1870 Vale Drive REQUEST: Reduction of Fine City Attorney Brandt introduced the case. Respondent Linda Lalchan was present and sworn in. Respondent Linda Lalchan stated she is requesting a reduction of fine and explained the circumstances surrounding her case. City Attorney Brandt stated this is a repeat violation, which is now in compliance and has remained in compliance. He stated the City is amenable to a reduction of fine of 20 percent of the full amount of the fine, which would be $6,100 to be paid in 30 days. Respondent Linda Lalchan stated she believes that is an unfair amount due to the situation of the tenant not allowing her access to the home. She stated she cannot afford to pay that fine, because she is not working; and further, she stated the house is currently on the market. Robert Christiano, Realtor, Winter Park, explained the circumstances with the past tenant overflowing the upstairs tub to leak to the first floor, calling a code complaint and not paying rent; and further, not allowing him and the owner access to fix the problems. He stated the home has been on the market for 30 days. Chair May informed the Board that she does not believe reducing the already reduced fee, and stated the fine can be paid from the sale of the home. She asked the Board if they have any recommendations. Member Kilburn made a motion to order the Cit zto record the tine ofS30, 500 in Case No. C2405- 0019: seconded by Vice -Chair Camps. Motion passed 6-0 with Member Falcone absent. Member Kilburn made a motion to reduce the tine in Case No. C2405-0019 from $30.500 to $6.100 to be paid on or before December 16. 2024: and further, fiiilure to nav will result in revertinLy the fine to its orizinal amount of' $30,500: seconded bi, Member Forth. Motion Passed 6-0 with Member Falcone absent. Chair May asked staff for an update on a past case with Advenir at Clermont LLC, Case No. C2401-0036. City Attorney Brandt stated the case has been closed, because the property came into compliance. NEW BUSINESS (The following agenda items were heard out o f agenda order.) Code Enforcement Board Meeting September 16, 2024 ITEM 6 — CASE NO. C2404-0038 John & Cindy Zentmeyer 1050 W. Magnolia Street LOCATION OF VIOLATION: 1050 W. Magnolia Street VIOLATION: Sec. 125-522 Building Permit Required, IPMC Sections: 307.1 General, 605.: Installation, 308.1 Accumulation of Rubbish or Garbage, 112.2 Temporary Safeguards, 304.1 General (Exterior Structure), 304.1.1 Unsafe Conditions, 304.2 Protective Treatment and 304.6 Exterior Walls City Attorney Brandt introduced the case. The Respondent was present and sworn in. Officer Cortez explained the following violations: Sec. 125-522 Building Permit Required, IPMC Sections: 307.1 General, 605.1 Installation, 308.1 Accumulation of Rubbish or Garbage, 112.2 Temporary Safeguards, 304.1 General (Exterior Structure), 304.1.1 Unsafe Conditions, 304.2 Protective Treatment and 304.6 Exterior Walls. He detailed the case summary stating the complaint was made by in-house staff Utility Billing Manager, and the property is currently not in compliance. He gave the history, violations and dates, and exhibited pictures that are a true and accurate depiction of the property on the dates taken. He stated staff's recommendation. Respondent John Zentmeyer explained he is currently working on repairing his property when he received this violation. He contacted the City who explained what needed to be done and recommended he retain an engineer. He currently has a contract with Engineer Rick McCoy who has a backlog of 60 days or longer. Once he receives the engineer work, he can apply for the permit. He further stated he secured the upstairs door so no entry can be made on the balcony. Discussion ensued regarding securing the balcony. Board discussion ensued on the staff recommendation. Vice -Chair Camps made a motion to find the Respondent is in violation in Case No. C2404-0038: and is ordered to correct the violations on or before October 16. 2024. If Respondent does not comply with this order, a fine of SI50 per day for evert) day in violation after October 16. 2024, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Ofcer to arranme an inspection of the _proper►v to verifi, compliance xvith the order: Seconded b_v Member Whitehead. Motion passed 6-0 with Member Falcone absent. ITEM 8 — CASE NO. C2404-0061 Aaron Jones 407 W. Highway 50 LOCATION OF VIOLATION: 407 W. Highway 50 VIOLATION: Sec. 117-8(11) Prohibited Signs; Banners, Sec. 125-522 Building Permit Required City Attorney Brandt introduced the case. The Respondent was present and sworn in. 4 Code Enforcement Board Meeting September 16, 2024 Officer Cortez explained the following violations, Sec. 117-8(11) Prohibited Signs; Banners, Sec. 125-522 Building Permit Required. He detailed the case summary stating the complaint was self - initiated by a code officer, and the property is currently not in compliance. He gave the history, violations and dates, and exhibited pictures that are a true and accurate depiction of the property on the dates taken. He further stated staff s recommendations to the Board that the property was in violation of Sec. 117-8(11) Prohibited Signs, and is in violation of Sec. 125-522 Building Permit Required. Respondent Mr. Jones explained he has a contractor working on the structure, and the permit for the fencing is pending. Board Attorney Brackins instructed the Board to limit their motion to Sec. 125-522 Building Permit Required. Member Forth made a motion to find the Respondent is in violation in Case No. C2404-0061: and is ordered to correct the violation on or before November 16. 2024. 11Respondent does not comghJ with this order. a tine of 5150 per day for every day in violation after November 16. 2024. will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arranee an inspection of the oroper , to verifi, compliance with the order. Board Attorney Brackins asked for a point of clarification on whether his motion entails violation of Sec. 125-522 Building Permit Required only. Member Forth answered in the affirmative. Seconded by Vice -Chair Camps. Motion massed 5-1 with Member Fornoles onposine and Member_ Falcone absent. ITEM 9 - CASE NO. C2407-0039 645 West Osceola Land Trust 645 W. Osceola Street LOCATION OF VIOLATION: 645 W. Osceola Street VIOLATION: Florida Building Codes (FBC): 101.2 Scope, 101.3 Intent, 101.4.2 Buildings Previously Occupied, 102.2 Building, Section 125-522 Building Permit Required, IPMC Sections: I11.1.2 Unsafe Equipment, 1l 1.1.3 Structure Unfit for Human Occupancy, 111.1.5 Dangerous Structure or Premises, 102.2 Maintenance, 102.5 Workmanship, 302.1 Sanitation, 302.3 Sidewalks and Driveways, 302.7 Accessory Structures, 304.1 General, 304.1.1 Unsafe Conditions, 304.2 Protective Treatment, 304.7 Roofs and Drainage, 304.9 Overhang Extensions, 304.10 Stairways, Decks, Porches and Balconies, 304.15 Doors, 304.18.1 Doors, 305.1 General, 305.3 Interior Surfaces, 305.4 Stairs and walking Surfaces, 305.6 Interior Doors, 306.1.1 Unsafe Conditions, 307.1 General, 309.1 Infestation, 404.4.4 Prohibited Occupancy, 504.1 and 505.1 General, 505.3 Supply, 506.1 General, 506.2 Maintenance, 603.1 Mechanical Equipment and Appliances, 604.3 Electrical System Hazards, 605.1 Installation, 605.2 Receptacles, 701.2 Responsibility, 702.3 Locked Doors, 704.6.1.2 Groups (Residential), 704.6.1.3 Installation Near Cooking Appliances, 705.1 General City Attorney Brandt introduced the case. Representative Curtis Wilson, Esquire, was present for Respondent and sworn in. Code Enforcement Board Meeting September 16, 2024 Officer Cortez explained the following violations, Florida Building Codes (FBC): 101.2 Scope, 101.3 Intent, 101.4.2 Buildings Previously Occupied, 102.2 Building, Section 125-522 Building Permit Required, IPMC Sections: 111.1.2 Unsafe Equipment, l 11.1.3 Structure Unfit for Human Occupancy, 111.1.5 Dangerous Structure or Premises, 102.2 Maintenance, 102.5 Workmanship, 302.1 Sanitation, 302.3 Sidewalks and Driveways, 302.7 Accessory Structures, 304.1 General, 304.1.1 Unsafe Conditions, 304.2 Protective Treatment, 304.7 Roofs and Drainage, 304.9 Overhang Extensions, 304.10 Stairways, Decks, Porches and Balconies, 304.15 Doors, 304.18.1 Doors, 305.1 General, 305.3 Interior Surfaces, 305.4 Stairs and walking Surfaces, 305.6 Interior Doors, 306.1.1 Unsafe Conditions, 307.1 General, 309.1 Infestation, 404.4.4 Prohibited Occupancy, 504.1 and 505.1 General, 505.3 Supply, 506.1 General, 506.2 Maintenance, 603.1 Mechanical Equipment and Appliances, 604.3 Electrical System Hazards, 605.1 Installation, 605.2 Receptacles, 701.2 Responsibility, 702.3 Locked Doors, 704.6.1.2 Groups (Residential), 704.6.1.3 Installation Near Cooking Appliances, 705.1 General. Officer Cortez detailed the case summary stating the complaint was made from a citizen, and the property is currently not in compliance. He gave the history, violations and dates, and exhibited pictures that are a true and accurate depiction of the property on the dates taken. He further stated staff s recommendation that the apartment house be vacated by all tenants and not occupied until the building is deemed safe and fit for occupancy by the Building Official or Code Enforcement, to assess a fine of $250 per day for every day the property remains in violation starting October 1, 2024; and further, order that the violations stated constitute a serious threat to the public health, safety and welfare. Interim Fire Marshall Brian Hawthorn asked the Board if they had any questions with regards to the public health, safety and welfare. The Board had no questions. Chair May asked what happened to the tenants. Officer Cortez said all tenants moved out by September 9th when it was condemned. Representative Wilson confirmed saying the home is unoccupied, locked; and further, that they have rehomed all tenants into different apartments. Representative Wilson stated he has been working with the City since they received the first violation notice. He stated that this property is an R-2 Restoration and needs to be brought up to 1981 Codes, not 2024 Codes, which means there is only one (1) major violation which is the stairs. He further informed the Board that they are working with an engineer in order to get the permits, and the repairs may take at least 90 days due to the permitting process. City Attorney Brandt asked for a five-minute recess. Chair May called for a five-minute recess. (Recess from 7: 20 pm to 7:25 pm) Ariana Jones, Tenant, stated she lived in Unit 1. She found out September 6th and was notified she had to move out by September 8th. She further stated she paid rent September 1 st, and they were not rehomed, given any guidance or assistance, and her security deposit and partial rent is being sent by mail. Jayvee Lemont, Tenant, stated Ariana is his girlfriend, and this was very unexpected. On September 61h they were notified to move out by Sunday, and everything would be disconnected on Monday. They just paid rent, and the lease was supposed to be valid for another six months. rel Code Enforcement Board Meeting September 16, 2024 Chair May asked if staff had anything further. City Attorney Brandt stated staff stands by their recommendations. Representative Wilson stated after speaking with the property manager, prorate rents and deposits are being mailed out to the tenants; and further, there were offers to rehome, and at least one or two tenants did utilize that offer. City Attorney Brandt made a point of clarification saying the property was built in 1911, which makes it 114 years old. He stated the City stands firm with the condemnation and the $250 per day fine starting October 1st Representative Wilson asked for more time to work with the engineer and City. Chair May stated it was unfortunate that the poor tenants did not have more time to move out. Board Attorney Brackins informed the Board that they will want to consider the compliance deadline when making the motion because of the health, safety and welfare issues. Member Forth made a motion to find the Respondent is in violation in Case No. C2407-0039: and is ordered to correct the violations on or before October 1. 2024. If Rest>ondent does not comely with this order, a fine of'$250 tier day for every date in violation after October 1, 2024. will accrue until corrected; further. order that the proverb, be vacated and the building is not to be occupied until the buildine is deemed safe and fit for occunancv by the Buildinz Official. Code Enforcement and Fire Denartment; and further, that the violations stated constitute a serious threat to the public health, safety and welfare: Seconded bt? Member Whitehead Motion gassed 6-0 with Member Falcone absent. ITEM 10 — CASE NO. C2405-0038 DR FORCE LLC 4340 Renly Lane LOCATION OF VIOLATION: 4340 Renly Lane VIOLATION: Sections 18-53 and 18-54 Nuisances and Nuisance by Property Owner Declared Unlawful City Attorney Brandt introduced the case. Representative Priscilla DeLima for Respondent was present and sworn in. Officer Snodgrass explained the following violations, Sections 18-53 and 18-54 Nuisances and Nuisance by Property Owner Declared Unlawful. He detailed the case summary stating the complaint was made by the neighbors, and the property is currently not in compliance. He gave the history, violations and dates, and exhibited pictures that are a true and accurate depiction of the property on the dates taken. He further stated staff s recommendation. Representative for Respondent, Property Manager Priscilla DeLima, explained the home was rented, and it was the tenant's responsibility to take care of the pool. Once the property was vacant, they hired a pool company to take care of the problem. Unfortunately, that pool company did not fix the problem, and they have since hired another pool company. The new pool company started the new treatment on September 13th, and today they are coming back to do another round of treatment. She requested more time in order to get the pool up to code. Code Enforcement Board Meeting September 16, 2024 Chair May asked whether the pool company is recommending anything further because of the problems. Representative DeLima replied there was a problem with the motor after a storm. Chair May informed the property manager that if they do not replace the pool equipment, it will be an ongoing issue and a continued violation. Vice -Chair Camps shared she has a pool and the proper chemicals are needed to be put in on a constant basis in order to keep it clean. Member Fomoles asked if the new pool company is cleaning it on a weekly basis to which the representative answered affirmatively. Board Attorney Brackins informed the Board of the motion for recurring violations for properties presently in violation. Member Whitehead inquired whether they have a maintenance person working for the property. Representative DeLima answered they have a monthly inspection, but not weekly. Chair May asked who will maintain the pool once it is leased again. Representative DeLima stated maintaining the pool is the responsibility of the tenant. Chair May recommended the property management team hire a pool maintenance company to clean the pool regularly. Vice -Chair Camps made a motion to find the Res wndent is in violation in Case No. C2405-0038: and is ordered to correct the violation on or before October 16, 2024, and refrain from repeating the violation thereafter. IfResPondent does not comph-, with this order, a fine of$150 Per day for every dah in violation after October 16, 2024. will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrange an inspection ofthe Properiv to verifu compliance with the order: Seconded bi, Member Forth. Motion Passed 6-0 with Member Falcone nh ea"i - ITEM 5 - CASE NO. C2406-0022 Libre Real Estate LLC Vacant Lot on W. Montrose Street Alt Key 3826383 LOCATION OF VIOLATION: Vacant Lot on W. Montrose Street REPEAT VIOLATION: IPMC 302.4 Weeds City Attorney Brandt introduced the case and informed the Board this is a continuing repeat violation. The City has placed a lien on this property, and this is to address the current violation. The Respondent was not present. Officer Cortez explained the following violations: IPMC 302.4 Weeds. He detailed the case summary stating the complaint was made by a citizen, and the property is currently not in compliance. He gave the history, violations and dates, and exhibited pictures that are a true and accurate depiction of the property on the dates taken. He further stated staff s recommendation. Chair May asked whether they have called the realtor on the sign to get in contact with the owner. Officer Cortez said he called the number on the sign, and Code Enforcement Manager Wallace can provide more information regarding the phone call. Code Enforcement Manager Wallace explained she spoke with the realtor who is listed on the sign, and the realtor is not providing any contact information. Code Enforcement Board Meeting September 16, 2024 City Attorney Brandt stated his firm has exhausted their research in trying to locate the owners with performing a skip trace and certified mail to multiple addresses with no leads. Board Attorney Brackins informed the Board of the motion for repeat violations for properties presently in violation. Member Fornoles made a motion to find the Respondent is in violation in Case No. C2406-0022: further, move that the violations constitute a reheat violation of the prior order ofthis Board: and further, move to order that the Respondent committed the repeat violation on August 15, 2024. A fine of $500 will be imposed for each days the violation is repeated from August 15. 2024. until the oroperiv comes into compliance. The Respondent is ordered to contact the Code Enforcement Officer to arranie an inspection ofthe property to verih, compliance with the order: Seconded bi° Member Kilburn. Motion grassed 6-0 with Member Falcone absent. ITEM 7 — CASE NO. C2405-0005 Southern Villas Lot Owners Assn, Inc. Vacant Lot on Villa Court Alt Key 3776058 LOCATION OF VIOLATION: Vacant Lot on Villa Court VIOLATION: Sections 18-53 and 18-54 Nuisances and Creating a Nuisance by Property Owner Declared Unlawful, IPMC 302.4 Weeds The Respondent was not present. Officer Cortez explained the following violations, Sections 18-53 and 18-54 Nuisances and Creating a Nuisance by Property Owner Declared Unlawful, IPMC 302.4 Weeds. He detailed the case summary stating the complaint was self -initiated, and the property is currently in compliance. He gave the history, violations and dates, and exhibited pictures that are a true and accurate depiction of the property on the dates taken. He further stated staff s recommendation. Member Kilburn made a motion to find the Respondent was in violation in Case No. C2405-0005: however, the Respondent did correct the violation. The Respondent is ordered to refi-ain firom repeatine this violation. Seconded by Vice -Chair Camps. Motion passed 6-0 with Member Falcone absent. Chair May opened the floor for public comment. with no speakers present, the floor was closed. AJDOURN There being no further business, the meeting was adjourned at 8 Attest: k _�Z' , Z ;��Orr:o�&X 4 F:Z- Kathy He rd, ecording Clerk Z