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HomeMy WebLinkAboutMinutes - 3.17.25 - Code Enforcement BoardCITY OF CLERMONT CODE ENFORCEMENT BOARD MINUTES MARCH 17, 2025 CALL TO ORDER Vice -Chair Camp called the meeting of the Code Enforcement Board to order on Monday, March 17, 2025, at 6:00 pm. ROLL CALL MEMBERS PRESENT: Chair Camps, Vice -Chair Fracasso, Member Falcone, Member Makowski, and Member Kilburn MEMBER ABSENT: Member Fornoles ALSO PRESENT: Code Enforcement Officers Snodgrass and Cortez; Code Enforcement Manager Wallace, Code Board Attorney Brackins, Assistant City Attorney Dyen, Development Services Director Henschel, and Development Services Coordinator Heard OPENING STATEMENT — Member Camps made the opening remarks. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE Board Attorney Brackins swore in new Members Fracasso and Makowski ELECTIONS OF CHAIR AND VICE -CHAIR Member Camps, seconded by Member Kilburn. nominated Member Camps for Chair for a term ending March 2026. Motion passed 5-0 with Member Fornoles absent. Member Fracasso, seconded by Chair Camps, nominated Member Fracasso for Vice -Chair for a term ending March 2026 Motion passed 5-0 with Member Fornoles absent. MINUTES Motion to approve the Minutes of the November 17, 2024 Code Enforcement Board Meetinz, Moved by Member Makowski: Seconded by Vice -Chair Fracasso. Motion passed 5-0 with Member Fornoles absent. SWEARING IN WITNESSES Code Enforcement Officers Snodgrass and Cortez, city staff, along with any of the public who may testify were sworn in. UNFINISHED BUSINESS Assistant City Attorney Dyen introduced the cases and stated applicants are all present except for Item 6 and Item 7. Page 5 Code Enforcement Board Meeting March 17, 2025 ITEM 1 — CASE NO. C2404-0046, C2404-0048, C2404-0049 & C2404-0050 Lakefront Village LLC 905, 915, 925 & 935 Lakefront Village Drive LOCATION OF VIOLATION: 905, 915, 925 & 935 Lakefront Village Drive REQUEST: Reduction of Fine The Respondent was present and sworn in. Code Enforcement Officer Snodgrass detailed the case summary and the reduction of fine process. He said the property owner has been sent proper notice and is present. He further stated the property is in compliance; and further, the fine accrued is $5,280. Staff recommends Respondent pay $1,056.00, which is 20 percent of the total amount accrued. Member Kilburn asked what the delay was in obtaining the permits. Ross Jermano, Respondent, 2300 Maitland Center Blvd., Maitland, explained they expedited the process, but it had to go through a review process with the City which took a long time. Officer Snodgrass confirmed that it did take the City longer than normal to review due to unforeseen circumstances. Vice -Chair Fracasso inquired if work is ongoing or completed along with occupancy. Mr. Jermano stated work is ongoing; however, the City notified them that certificate of occupancy will not be issued until the road is paved. Member Makowski made a motion to reduce the fine in Case No. C2404-0046, C2404-0048. C2404-0049 & C2404-0050 from $5,280 to $1, 056 to be paid on or before April 16, 2025; and further, failure to pay will result in reverting the fine to its original amount of $5,280; seconded by Member Kilburn. Motion passed 5-0 with Member Fornoles absent. ITEM 2 — CASE NO. C2405-0019 Linda Lalchan 1870 Vale Drive LOCATION OF VIOLATION: 1870 Vale Drive REQUEST: Reduction of Fine The Respondent was present and sworn in. Code Enforcement Officer Snodgrass detailed the case summary and the reduction of fine process. He said the property owner has been sent proper notice and is present. He further stated the property is in compliance; and further, the fine accrued is $30,500. Staff recommends Respondent pay $15,250, which is 50 percent of the total amount accrued. Linda Lalchan, Respondent, 712 Brooks Field Drive, Winter Garden, was present and explained conversations she had with city staff that has led her to where she is today. She indicated currently her house is in foreclosure, and she is unable to pay $15,250. She asked the board to reduce the fee to what it previously was reduced to at the last meeting of $6,100. 2 Page 6 Code Enforcement Board Meeting March 17, 2025 Chair Camps explained what happened the last time she was here before the board where the board made the determination of the fee and timeline, not city staff. Board Attorney Brackins stated the prior fine established by the board of $6,100 has expired, and asked the Respondent if she is able to pay the $6,100 within 30 days. Ms. Lalchan answered affirmatively. Member Falcone made a motion to reduce the fine in Case No. C2405-0019 from $30,500 to $6,100 to be paid on or before March 27, 2025; and further, failure to pay will result in reverting the fine to its on final amount of $30,500; seconded by Member Makowski. Motion passed 5-0 with Member Fornoles absent. ITEM 3 — CASE NO. C2409-0031 Edward Emrick III Cluster Oak Drive (Vacant Lot) LOCATION OF VIOLATION: Cluster Oak Drive (Vacant Lot) REQUEST: Reduction of Fine The Respondent was present and sworn in. Code Enforcement Officer Cortez explained the case and the reduction of fine process. He said the property owner has been sent proper notice and is present. He stated the property is still in compliance; and further, the fine accrued is $2,500. Staff recommends Respondent pay $250, which is 10 percent of the total amount accrued. Member Makowski asked why they would let the grass get overgrown. Clayton Emrick, Appearingfor Respondent, 1067 Calico Pointe Circle, Groveland, explained they do not live onsite, and they did not know a portion of the grass was not being cut. Member Makowski made a motion to reduce the fine in Case No. C2409-0031 from $2,500 to $250 to be paid on or before April 16, 2025; and further, failure to pay will result in reverting the.fine to its original amount of $2,500; seconded by Member Kilburn. Motion passed 5-0 with Member Fornoles absent. ITEM 4 — CASE NO. C2406-0022 Libre Real Estate LLC Vacant Lot W. Montrose Street Alt Key 3826383 LOCATION OF VIOLATION: W. Montrose Street (Vacant Lot, Alt Key 3826383) REQUEST: Reduction of Fine The Respondent was present and sworn in. Code Enforcement Officer Cortez explained the case and the reduction of fine process. He said the property owner has been sent proper notice and is present. He stated the property is still in compliance; and further, the fine accrued is $85,000. Staff recommends Respondent pay $17,000, which is 20 percent of the total amount accrued. Page 7 Code Enforcement Board Meeting March 17, 2025 Giovanna Nunez, Appearing for Respondent, 1500 Park Center Drive, Orlando, stated her client is asking for the fine to be reduced to 10 percent. Member Kilburn stated he believes this is the case where they could not locate the property owner, but now the owner has been located. Vice -Chair Fracasso asked when contact was made with the property owner. Officer Cortez stated he does not know the date; however, it was soon after the property came into compliance. Member Makowski made a motion to reduce the fine in Case No. C2406-0022 from $85,000 to $17, 000 to be paid on or be ore April 16, 2025: and further, failure to pay will result in reverting the fine to its original amount of $85, 000: seconded by Member Falcone. Motion passed 4-1 with Vice -Chair Fracasso opposed and Member Fornoles absent. NEW BUSINESS ITEM 5 — CASE NO. C2501-0036 Lake Minneola Condominium Association West Osceola Street (Lake Minneola Condominiums) AK 3891767 LOCATION OF VIOLATION: West Osceola Street (Lake Minneola Condominiums) AK 3891767 REPEAT VIOLATION: IPMC Sec. 111.1.1 Unsafe Structures, IPMC Sec. 304.1 General, IPMC Sec. 304.10 Stairways, Decks, Porches, and Balconies, IPMC Sec. 304.1.1 Unsafe Conditions The Respondent was present and sworn in. Code Enforcement Officer Snodgrass explained the following violations: IPMC Sec. I11.1.1 Unsafe Structures, IPMC Sec. 304.1 General, IPMC Sec. 304.10 Stairways, Decks, Porches, and Balconies, IPMC Sec. 304.1.1 Unsafe Conditions. He detailed the case summary stating the complaint was made by a current condo resident, 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. Member Falcone asked staff to define spalling. Officer Snodgrass explained spalling is cracks throughout the concrete that may or may not weaken the amount of load it can take. Member Fracasso elaborated on the definition stating if water gets behind the concrete, it can pop, which creates pitting. Chair Camps asked if there are residents living in the building currently. Officer Snodgrass said 680 and 686 are empty, but there are residents living on the other side. The building was tagged as condemned. Chair Camps asked the respondent if he had anything to add. 4 Page 8 Code Enforcement Board Meeting March 17, 2025 Eric Minor, Present for Respondent, 27057 Blvd., Wesley Chapel, stated they have an engineer coming out this week, and they will submit the plans as soon as possible. He explained the last hurricane caused them to have to replace the roof which put this work off a little bit. Vice -Chair Fracasso asked whether the HOA has had a third -party assessment to assess reserves and structural integrity of the property; and further, stated the new law that condominiums are required to complete the assessment every ten (10) years, which he believes was required to be finalized by 2024. Mr. Minor stated they have arranged for legal counsel to deal with those issues. Member Makowski asked whether the building is safe enough for residents to be living there. Mr. Minor explained they had an engineer come out; and further, if they knew it was this important of an issue, they would have taken care of it immediately. He further stated considering the sensitivity of condominiums in today's environment, it goes to the top of the list now. Member Makowski stated he believes the State could condemn it, because this is a very sensitive issue here in Florida; and further, all of the liability will fall upon the HOA. Mr. Minor said he hopes they can replace it as soon as possible, and they are working quickly to get it done. Member Kilburn made a motion to find the Respondent is in violation in Case No. C2501-0036; and is ordered to correct the violations on or before May 16, 2025. Officer Snodgrass interrupted and stated there are more people present that wish to speak. Member Kilburn withdrew his motion. Joseph Dickson, 875 W. Osceola, (Owner of Unit 680) stated he filed the complaint, and explained the HOA is working towards getting this done. He stated he has provided to the City, City approved stamped plans, a structural engineer report that they paid $2,500 for. He explained numerous structural problems to where he stated an engineer would not grant him a CO to occupy the building. He concluded with stating he believes the work could start tomorrow if they wished to use their plans. Mr. Minor responded by stating the HOA is working to correct the problem, because this is an HOA issue. He also informed them that their engineer has submitted a report dated March 4th addressing the pole issue; and further, they will be coming back to reevaluate the pole to put together their plans. He concluded by stating it is in the HOA's best interest to submit their own plans to the City for the improvement. Chair Camps asked whether he has a timeline for when the engineering plans will be submitted. Mr. Minor indicated their engineer is coming back this week; and further, they are aware of the urgency and are working on it as quickly as possible. Board Attorney Brackins stated the Board does not have authority to address or get involved with the selection of an engineer. Page 9 Code Enforcement Board Meeting March 17, 2025 Member Makowski asked whether the residents are aware of the structural problems. Mr. Minor advised everyone is aware. Member Kilburn made a motion to find the Respondent is in violation in Case No. C2501-0036: and is ordered to correct the violations on or before May 16, 2025. If Respondent does not comply with this order, a fine of $250 per day for every day in violation after May 16, 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrange an inspection of the property to veri& compliance with the order: Seconded by Member Falcone. Motion passed 5-0 with Member Fornoles absent. ITEM 6 — CASE NO. C2412-0006 Colonial Tiles & Pavers, LLC 1730 S. Highway 27 LOCATION OF VIOLATION: 1730 S. Highway 27 VIOLATION: Sec. 125-522(a) Building Permit Required The Respondents were present and sworn in. Code Enforcement Officer Snodgrass explained the following violation: Sec. 125-522(a) Building Permit Required. He detailed the case summary stating the complaint was self -initiated by a code enforcement 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 recommendation. Ari Herrera, Respondent, 1730 S. Hwy 27, stated she has been the owner of this business since 2012, and the pavers have been in place since 2009 with no water issues. She explained they always have the same display area, which is a representation of what they are currently selling; and further, they are removable and permeable. Ernesto Leonard, present with Respondent, explained the pavers in more detail and asked what the legal amount of pavers is, because the pavers have been the same for years. Officer Snodgrass explained pavers require a permit prior to install for commercial and residential. Mr. Leonard stated he has been installing pavers in Kings Ridge for 22 years. Board Attorney Brackins informed the respondents that requirements for pavers is not unique, and almost every jurisdiction, whether county or city, has a permit requirement for installing pavers. Ari Herrera explained their customers at Kings Ridge get approval from the HOA, and the HOA advises them to go to the City to sign a paper; and further, she said the City has never advised them that they require a permit. Vice -Chair Fracasso explained replacing a concrete driveway with pavers may not change the impervious surface of the property; however, by adding more pavers for a display area may have changed the impervious surface. 0 Page 10 Code Enforcement Board Meeting March 17, 2025 Officer Snodgrass informed the respondent if she would like the pavers to remain, she can apply for a variance, which is what the City had informed her recently during a site review meeting. Vice -Chair Fracasso made a motion to find the Respondent is in violation in Case No. C2412- 0006; and is ordered to correct the violations on or before April 16, 2025. I Respondent does not comply with this order, a fine of $250 per day for every day in violation after April 16, 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrange an inspection of the property to veri& compliance with the order; Seconded by Member Makowski. Motion passed 5-0 with Member Fornoles absent. (The following agenda items were heard out of agenda order.) ITEM 7 — CASE NO. C2402-0005 Sedlmajer Alexandra & Adam 26 Sunnyside Drive LOCATION OF VIOLATION: 26 Sunnyside Drive VIOLATION: Sec. 125-522(a) Building Permit Required, IPMC Sec. 703.3.3 Firewalls, Fire Barriers, and Fire Partitions, IPMC Sec. 112 Stop Work Order, IPMC Sec. 11 l .1 Unsafe Conditions, IPMC Sec. 111.1.1 Unsafe Structure The Respondent was not present. Code Enforcement Officer Cortez explained the following violation: Sec. 125-522(a) Building Permit Required, IPMC Sec. 703.3.3 Firewalls, Fire Barriers, and Fire Partitions, IPMC Sec. 112 Stop Work Order, IPMC Sec. 111.1 Unsafe Conditions, IPMC Sec. 111.1.1 Unsafe Structure. He detailed the case summary stating the complaint was self -initiated by a code enforcement 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 recommendation. The City is not requesting a health and safety check. Vice -Chair Fracasso asked staff why this case has taken so long, April 2024 to January 2025. Officer Cortez explained the respondents were attempting to change the use of the property, which extended the timeframe. Vice -Chair Fracasso made a motion to find the Respondent is in violation in Case No. C2402- 0005; and is ordered to correct the violations on or before April 16, 2025. I Respondent does not comply with this order, a fine of $250 per day for everday in violation after April 16, 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrange an inspection of the property to veri& compliance with the order; Seconded by Member Makowski. Motion passed 5-0 with Member Fornoles absent. ITEM 8 — CASE NO. C2409-0026 Kendra Elam 2950 White Magnolia Loop LOCATION OF VIOLATION: 2950 White Magnolia Loop VIOLATION: Sec. 125-522(a) Building Permit Required, Sec. 125-587(a) Vacation Rental Permit Requirement The Respondent was present and sworn in. Page 11 Code Enforcement Board Meeting March 17, 2025 Code Enforcement Officer Cortez explained the following violations: Sec. 125-522(a) Building Permit Required, Sec. 125-587(a) Vacation Rental Permit Requirement. He detailed the case summary stating the complaint was initiated by the community association 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 further stated staff's recommendation, and stated as of today three (3) permits have been submitted for the shed, the screen enclosure, and French doors. Chair Camps asked why the French doors need a permit. Officer Cortez explained the French doors were not a replacement, but an added modification, which requires a permit. Kendra Elam, Respondent, 2950 White Magnolia Loop, explained her process of applying for the permits and the lack of communication from staff on what was required for the submittal. She stated she was required to furnish roughly five revisions from the engineer because of the lack of communication, which was very expensive and an emotional toll. The shed is completed with the inspection scheduled. She further explained the tenants are family friends living with her to assist with the bills. She does not charge rent, and there is no addition built onto the house. Officer Cortez asked the respondent follow-up questions regarding the tenants. Ms. Elam stated they all live under the same roof and split the bills; and further, the renters have access to the entire home. Member Falcone addressed each violation with staff to see if they were still outstanding. Discussion ensued regarding compliance timeframe. Member Falcone made a motion to find the Respondent is in violation in Case No. C2409-0026; and is ordered to correct the violations on or be ore May 16, 2025. IfRespondent does not comply with this order, a fine of $150 per day for every day in violation after May 16, 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrange an inspection of the property to veri& compliance with the order; Seconded by Vice -Chair Fracasso. Motion passed 5-0 with Member Fornoles absent. Board Attorney Brackins presented a brief overview of the Florida Sunshine Law. /:lll IZ�lij:7►`i Motion to ad journ; moved by Member Falcone, seconded by Vice -Chair Fracasso. Motion passed 5-0. There being no further business, the meeting was adjourned at 7:55 pm. Attest: M. Chair Page 12