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HomeMy WebLinkAboutMinutes - 5.19.25 Code Enforcement Board CITY OF CLERMONT CODE ENFORCEMENT BOARD MINUTES MAY 19, 2025 CALL TO ORDER Chair Camps called the meeting of the Code Enforcement Board to order on Monday, May 19,2025, at 6:00 pm. ROLL CALL MEMBERS PRESENT: Chair Camps, Vice-Chair Fracasso, Member Falcone, Member Fornoles, and Member Makowski (the remaining seats were vacant). ALSO PRESENT: Code Enforcement Officer Cortez; Code Enforcement Manager Wallace, Code Board Attorney Brackins, City Attorney Dyen, Development Services Director Henschel, and Planning Coordinator Rae Chidlow. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE MINUTES Motion to approve the Minutes for the March 17, 2025, Code Enforcement Board Meeting:Moved by Vice-Chair Fracasso: Seconded by Member Makowski. Motion passed 5-0. OPENING STATEMENT-Chair Camps made the opening remarks. SWEARING IN WITNESSES Code Enforcement Officers Wallace 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 that Items 1, 2, 3, 5, 7, 8, 9, 10 will be heard in this order. ITEM 1—CASE NO. C2404-0038 John& Cindy Zentmayer 1050 W. Magnolia St. LOCATION OF VIOLATION: 1050 W. Magnolia REQUEST: Motion to Lien Code Enforcement Officer Cortez explained the case and the motion to lien. He said the property owner has been sent proper notice and Representative is present. He stated the property is still not in compliance; and further, the fine has accrued from December 30,2025,through May 19, 2025. Staff is asking that the fines continue to accrue and place a lien on the property. He stated the fine amount as of May 19, 2025, is $32,250. Rick McCoy addressed the board regarding code violations at a property involving an unpermitted front balcony and missing exterior stucco. He stated he was brought in last fall to assist the property owner(John)who had trouble getting work done. He stated he underestimated the complexity of the permitting process and recently completed the required Code Enforcement Board Meeting May 19, 2025 drawings. He took responsibility for the delays and emphasized that the fault does not lie with the property owner. He stated that the plans have now been submitted, and the permit process is underway. Mr. Cortez stated that the property is currently not in compliance, and fines are accruing daily on the two outstanding code violations which are the missing permit for a second-floor balcony above the French doors and the permit for stucco repair on the front of the structure. He stated that staff is requesting the board impose a lien on the property to secure payment of ongoing fines and the fines would stop accruing once permits are issued. He stated that the owner could later apply for a lien reduction through City Council. Vice-Chair Fracasso made a motion to table Case No. C2404-0038 to the July 14, 2025 Code Enforcement meeting; seconded by Member Falcone. Motion passed 5-0 in approval. ITEM 2—CASE NO. C2402-0018 Elsie&Felicita Rios 783 E. Juniata St. LOCATION OF VIOLATION: 783 E. Juniata St. REQUEST: Reduction of Fine Code Enforcement Officer Wallace explained the case and the reduction of fine process. She said the property owner has been sent proper notice and is present. She stated the property is still in compliance; and further,the fine accrued is$10,650. Staff recommends Respondent pay$9,000 to be paid within 60 days. Respondent Elsie Valentin explained she has been disabled for three years. She stated that her husband, who was previously responsible for maintaining the property, was injured in a semi- truck accident. She stated they were forced to move out temporarily, and no one was living at the property during that time so as a result the lawn maintenance and vehicle removal were neglected. She acknowledged that they were unable to update their address at the time, which delayed communications. She stated that the situation has since changed and someone is now living at the residence, and the property is being maintained. Chair Camps asked the Board if they would consider reducing the fine to half the amount. Member Makowski made a motion to reduce the fine in Case No. C2402-0018 from $10,650 to $1800 to be paid on or before July 14, 2025: and further, failure to pay will result in reverting the fine to its original amount of$10,650; seconded by Member Fracasso. Motion passed 5-0 in approval. ITEM 3—CASE NO. C2304-0040 Pamela Guerrera 873 Skyridge Rd. LOCATION OF VIOLATION: 873 Skyridge Rd. REQUEST: Reduction of Fine 2 Code Enforcement Board Meeting May 19, 2025 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 $73,050. Staff recommends Respondent pay $14,500 which is about 20 percent of the total amount accrued to be paid within 90 days. Respondent Aaron Andrews explained that he has been actively working toward compliance for over two years. He stated that he is a truck driver with a single-income household (wife does not work) and supports five children. He stated that financial hardships made it difficult to keep up with the tree requirements; they spent nearly $3,000 on new trees,many of which died and had to be replaced. He stated he was unaware of any height requirements for replacement trees at the time of planting. Mr. Cortez stated that he original violation stemmed from removal of trees without a permit. He stated that code requires maintaining a certain tree coverage based on square footage,but permits do not specify tree height or type, only general categories like canopy or understory. He stated that the violation notice also did not specify the required height. He stated that no clear written guidance is typically given to property owners about height or size requirements. He acknowledged that Mr. Andrews was cooperative and diligent in trying to resolve the issue. Member Fornoles made a motion to reduce the fine in Case No. C2304-0040 from$73,500 to$100 to be paid on or before June 23, 2025: and further, failure to pay will result in reverting the the to its original amount of$73,500:seconded by Member Falcone. Motion passed 5-0 in approval. NEW BUSINESS (The following agenda items were heard out of agenda order.) ITEM 5—CASE NO. C2504-0037 Advenir@Clermont, LLC 600 River Birch Ct. LOCATION OF VIOLATION: 600 River Birch Ct. REPEAT VIOLATION: IPMC Sec. 125-522 (a)Building Permit Required; IPMC Sec. 108.1 & 108.4 Stop Work Order The Respondent was present and sworn in. Code Enforcement Officer Cortez explained the above violations. He detailed the case summary stating 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 the staff s recommendation which is to find Respondent in repeat violation and to impose a fine of$500 per day starting from day of violation, April 29, 2025, and continue every day until the property comes into compliance. Respondent Beth Rodriguez explained the renovations were made to the clubhouse without obtaining proper building permits, including wall construction and electrical work. She stated that the construction company used, Legacy Builders, was reportedly unaware that a permit was required. She stated she wasn't in charge of that aspect and the electrical work was limited to 3 Code Enforcement Board Meeting May 19, 2025 relocating an outlet, and the team assumed it didn't require a permit. She stated that they are in the process of applying for permits but are waiting on finalized architectural drawings. Mr. Cortez stated the property had a previous code enforcement case involving the installation of 40-50 outside A/C units without permits,making this a repeat violation. He stated that the current violation was observed on April 29,2025. He stated that no permits have been submitted yet as of the hearing date. Member Fracasso made a motion to find the Respondent is in repeat violation in Case No. C2504- 0037, and is ordered to correct the violations on or be ore July 14, 2025. If Respondent does not comply with this order, a line o $500 per day or every day in violation after July 14, 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement O icer to arrange an inspection of the property to veri& compliance with the order; Seconded by Member Fornoles. Motion passed 5-0 in approval. ITEM 7—CASE NO. C2503-0001 Kevin Henshaw 1620 5`h St. LOCATION OF VIOLATION: 1620 5`h St. VIOLATION: Section 18-53, 18-54, & 18-55 Nuisances&Notice to Abate; Section 123-100 Required(Tree Removal Permit); Section 30-28 (d) Special Refuse Problems; IPMC Section 308.1 Accumulation of Rubbish/garbage Code Enforcement Officer Cortez explained the above violations. He detailed the case summary stating 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 the staffs recommendation which is to find Respondent in violation and to impose a fine of$150 per day for every day the property remains in violation after June 19, 2025. He stated that the Respondent shall apply for a tree removal permit. Attorney Jimmy Crawford, representing Kevin Henshaw, expressed concerns about the delay of six weeks for notice. He stated that there is no proof regarding the species or size of the trees removed. He stated the burden to prove is on the City. He stated that the trees that were removed were ear trees which are classified as non-preferred trees. He stated that all the trees shown were not all his client's trees. Staff stated that some of the trees appeared to be preferred species such as oaks. They stated the trees were not inspected or measured prior to removal. Board members expressed concerns pertaining to the timing of notification, fairness, and whether violations can be upheld after the fact. Member Fracasso made a motion to find the Respondent in violation in Case No. C2503-0001; and is ordered to correct the violations on or before July 3, 2025. If Respondent does not comply with this order, a fine of$150 per day for every day in violation after July 3, 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrange an 4 Code Enforcement Board Meeting May 19, 2025 inspection of the property to verify compliance with the order, Seconded by Member Makowski. The motion fails 3-2, due to 4 ayes are required for a motion to pass. Member Evan made a motion to continue Case No. C2503-0001 to Jiliy 14, 2025; seconded by Member Fornoles. Motion passed 5-0 in approval. ITEM 8—CASE NO. C2501-0024 Quan Heng&Xin Wang 240 Edgewood Dr. LOCATION OF VIOLATION: 240 Edgewood Dr. VIOLATION: Sec. 125-522(a)Building Permit Required, IPMC Sec. 304.1 &304.1.1 General& Unsafe Conditions; 304.2 Protective Treatment(Exterior Surfaces); 304.6 Exterior Walls; 304.10 Stairways,Decks, Porches&Balconies; 304.12 Handrails&Guards; 304.13 Window &door frames; 304.13.2 Openable Windows; 304.14 Insect screens; 304.18.2 Windows; 305.1 & 305.1.1 General&Unsafe Conditions; 305.3 Interior Surfaces; 305.4 Stairs&Walking Surfaces; 305.5 Handrails&Guards; 305.6 Interior Doors; 403.2 Bathroom&Toilet rooms; 504.1 General (Plumbing); 604.3 Electrical System hazards; 605.1 Installation(Electrical Equipment); 605.2 Receptacles; 704.6.1.2 Groups R-2, R-3, R-4, &1-1 (Smoke Alarms) Code Enforcement Officer Cortez explained the above violations. He detailed the case summary stating 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 the staff's recommendation which is to find Respondent in violation of the sections stated and to assess a fine of$250 per day for every day the property remains in violation after May 19, 2025. The Respondent was not present. Cameron Broadbent,240 Edgewood Dr., expressed concerns about numerous unresolved issues at his rental property. He stated that some conditions worsened after a poorly qualified contractor did work at the home. Mr. Cortez mentioned he spoke with the property manager Alex Chang and the progress toward resolving the issues were minimal. Board members expressed their concern for the safety of the tenants. Member Makowski made a motion to find the Respondent is in violation in Case No. C2501-0024; and is ordered to correct the violations on or before July 14. 2025. IfRespondent does not comply with this order, a fine of$250 per day for every day in violation after July 14, 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrangean inspection of the property to veri& compliance with the order; Seconded by Member Falcone. Motion passed 5-0 with approval. ITEM 9—CASE NO. C2408-0009 Fairfield Homes, Inc. 99 Sunnyside Dr. 5 Code Enforcement Board Meeting May 19, 202E LOCATION OF VIOLATION: 99 Sunnyside Dr. VIOLATION: Sec. 125-522(a) Building Permit Required, IPMC Sec. 302.4 Weeds; 304.2 Protective Treatment; 302.7 Accessory Structures; 304.6 Exterior Walls; 304.13 Window and Door frames; 304.18.2 Windows; 305.6 Interior Doors; 305.3 Interior Surfaces; 305.4 Stairs & Walking Surfaces; 603.1 Mechanical Equipment& Appliances; 504.1 General (Plumbing) Code Enforcement Officer Cortez explained the above violations. He detailed the case summary stating 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 the staffs recommendation which is to find Respondent in violation of the sections stated and to assess a fine of$250 per day for every day the property remains in violation after June 1, 2025. The Respondent was present and sworn in. Woodrow Graham, 99 Sunnyside Dr., admitted to some maintenance issues, including delays in accessing the unit and replacing the HVAC filters. He claimed some violations were corrected. He stated that he could bring the property into compliance within 30 days but was unsure how quickly a contractor could repair a damaged block wall. Robin Sickels, 99 Sunnyside Dr., stated that she was a Section 8 tenant and stated that there was longstanding safety issues at this property. She stated that there were HUD mandated repairs that were left incomplete. She stated the landlord retaliated by initiating an eviction. Board members expressed concerns about the number of violations,the pattern of noncompliance, and the potential danger. Member Fracasso made a motion to find the Respondent is in violation in Case No. C2408-0009: and is ordered to correct the violations on or before June 1. 2025. I Respondent does not comply with this order, a fine of$250 per day for every day in violation after June 1. 2025, will accrue until corrected. The Respondent is ordered to contact the Code Enforcement Officer to arrant inspection of the property to verify compliance with the order: Seconded by Member Falcone. Motion passed 5-0 in approval. ITEM 10—CASE NO. C2503-0020 Vette Development LLC 71h Street(Vacant property alt key#3922906) LOCATION OF VIOLATION: 7 h Street(Vacant property alt key#3922906) VIOLATION: Sec. 30-28 Special Refuse Problems; 123-41 Maintenance& Pruning; 18-53, 18- 54,18-55, & 18-56 Nuisance and Notice to Abate Code Enforcement Officer Cortez explained the above violations. He detailed the case summary stating 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 the staffs recommendation which is to find Respondent in violation of the sections stated and to issue an order authorizing the City to begin the abatement process. Furthermore, 6 Code Enforcement Board Meeting May 19, 2025 authorize the recording of any and all costs incurred by the City as a result of the abatement to the County Clerk in the form of a lien. The Respondent was not present. Code Board Attorney Patrick Brackins explained to the Board that the City passed an Ordinance in 2024 for the abatement process and he suggested the Board follow the staffs recommendations. Member Falcone made a motion to find the Respondent is in violation in Case No. C2409-0026; and to issue an order authorizing the city to begin the abatement process, furthermore authorize the recordinaof any and all costs incurred by the city as a result of the abatement to the County Clerk in the form of a lien; Seconded by Member Fracasso. Motion passed 5-0. Development Director Curt Henschel thanked the Board members for their service. AJDOURN There being no further business, the meeting was adjourned at 9:14 pm. cA--- " -� . a"'," Linda Camp, Chair Attest: �� U4'�iti" Rae Chidlow, Planning Coordinator 7