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04-18-2008 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 15, 2008 The regular meeting of the Code Enforcement Board was called to order on Tuesday, April 15, 2008 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, Tim Murry, A. D. Van Demark, Alfred Mannella, and Les Booker. Also attending were Betty McMinamen, Code Enforcement Officer, Suzanne O'Shea Code Enforcement Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, and Rae Chidlow, Code Enforcement Clerk. The Pledge of Allegiance was recited. Code Enforcement Chairman Jim Purvis read the Opening Remarks. The minutes from the Code Enforcement Board Meeting of March 18, 2008 were approved as written. Code Enforcement Officers Betty McMinamen and Suzanne O'Shea, along with any of the public who may testify, were sworn in. Jim Purvis gave the floor to Code Enforcement Staff and Attorney. NEW BUSINESS CASE N0.08-398 Chester Fosgate Co. c/o A&W Restaurant 2620 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 2620 E. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 311-C, Chapter 188, Section 118-35 Maintenance and pruning. City Attorney Dan Mantzaris stated this case has complied and will not be heard. CASE N0.08-399 John J. Ekin Michael E. Gozik 3321 Tumbling River Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 3321 Tumbling River Dr., Clermont, FL 34711 VIOLATION: Ordinance No. 336-C, Chapter 188, Section 66-220 Watering Restrictions City Attorney Dan Mantzaris stated this case has complied and will not be heard. CASE N0.08-406 Michael A. Floyd CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 15, 2008 858 W. Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 858 W. Minneola Ave., Clermont, FL 34711 VIOLATION: Ordinance No. 351-C, Chapter 58, Section 58-116 Failure to Obtain Business Tax License. City Attorney Dan Mantzaris stated the City did not receive service on this case, and it will not be heard. CASE N0.08-401 Annie R. Jones c/o Beverly Carter Parcel west of 662 E. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: Parcel west of 662 E. Desoto Street, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1)(2)(3) Unlawful Maintenance of Nuisances 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 the accumulation, which includes but is not limited to, scattered trash and litter, plus sections of the property that are extremely overgrown with tall grass and weeds. Compliance of this violation will be when the premises have been completely cleaned of the items mentioned above, and all vegetation uniformly trimmed and mowed, then all clippings removed from property. Walter Jones, Tampa, son of Annie Jones, stated that Ms. Jones is in Pennsylvania and is in poor health. He stated that he will have the property cleaned up and would like to have sixty days in order to have the property taken care of. Board member Van Demark stated he was willing to give an additional fifteen days. Mr. Jones stated that he really needs sixty days. He stated that he still needed to recuperate from having the flu and he would have to schedule the time off in order to come and clean up the property. Chairman Purvis asked if there were residents living nearby. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 15, 2008 Code Enforcement Officer Betty McMinamen stated that there were some villas that had residents living in them. City attorney Dan Mantzaris stated that the City does not have a problem with a compliance date of June 17, 2008. He stated that Mr. Jones came from Tampa to not challenge the City but to inform the City that he is willing to comply. A D Van Demark made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $100 00 per day or ever~day in violation starting June 17, 2008 if proper is not brought into compliance • seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount o~'the fine. CASE N0.08-402 John & Linda Korzeniowski 640 E. Juniata Street Clermont, FL 34711 LOCATION OF VIOLATION: 640 E. Juniata, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1)(2)(3) Unlawful Maintenance of Nuisances 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 the accumulation, which includes but is not limited to, scattered trash and litter, plus sections of the property that are extremely overgrown with tall grass and weeds. Compliance of this violation will be when the premises have been completely cleaned of the items mentioned above, and all vegetation uniformly trimmed and mowed, then all clippings removed from property. John Korzeniowski, 12530 Gopherbroke Rd. Groveland, stated that he has been trying to sell the property. He stated that at one time there was a house on it that has since been removed. He stated that he has always kept the property mowed, but in December he was involved in a skiing accident and had knee surgery. He stated that he has just gone back to work in the past couple weeks. He stated the thirty days is fine with him and he will have the property cleared and mowed within the next week. A_ D Van Demark made a motion to rnd the Respondent in violation of the cited City code and be fined at a rate of $100 00 per day.for every day in violation starting May 20. 2008 if property 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 15, 2008 is not brought into compliance • seconded b~Janusiak. The vote was unanimous in favor of andin the Respondent in violation and in favor of the time period and the amount of the fine. CASE N0.08-397 Chester Fosgate Co. c/o McDonalds 2640 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 2640 E. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 311-C, Chapter 188, Section 118-35 Maintenance and pruning 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 the following areas are in need of attention: Landscaped areas around the perimeter of the McDonald's Restaurant are missing, dead, or in need of replacement. This includes but is not limited to the ground cover and hedges. Compliance of this violation will be when all landscaped areas are replaced and maintained so that all vegetation is healthy, neat and orderly. Code Enforcement Officer Suzanne O'Shea stated that the landscape company talked to her about the landscape. She stated that the trees died and they wanted to put smaller scrub trees so that they would have better visibility for the restaurant. Board member Murry asked if they could come to the City to have the landscape plan redone. City Attorney Dan Mantzaris stated that they can seek a revision to their landscape plan to ask for a different plan to plant some other plant material that meets the City's code. Chairman Purvis stated that they have not asked for a revision and they did not bother to show up for the meeting. He stated that he suggests a fine of $250 a day be implemented to begin tomorrow. Alfred Mannella made a motion to find the Respondent in violation of the cited City code and be f ned at a rate o~$250 00 per day or ever~day in violation starting April 16 2008 • seconded by Janusiak The vote was unanimous in favor o~~ndin~ the Respondent in violation and in favor of the time period and the amount of the fine. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 15, 2008 CASE N0.08-400 Refuge Church of Our Lord Jesus Christ c/o Evelyn Pace & Eudella Young, ET AL 3 Lots west of 660 E. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: 3 Lots west of 660 E. Desoto Street, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1)(2)(3) Unlawful Maintenance of Nuisances 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 the accumulation of scattered trash and litter throughout all three (3) lots, in addition to large sections of the property being extremely overgrown with tall grass and weeds. Compliance of this violation will be when all three (3) lots have been completely cleaned of the scattered trash and litter, along with all vegetation uniformly trimmed and mowed, and then all trash and clippings shall be removed from the property. Ms. McMinamen stated that there has been work completed on the three properties, however it is not in complete compliance. Darryl Forehand stated the notice that went out was sent to Evelyn Pace. He stated that she has been deceased for a year. He stated that he received notice just a~few days ago and he immediately got seven men out to help clean up the property. City Attorney Dan Mantzaris stated that the notice is sent to the property owner that shows up on the property appraiser's website. He stated that the Respondent may need to contact the property appraiser's office to have the information corrected if the owner is different. Tim Murry made a motion to find the Respondent in violation of the cited City code and be fined at a rate of~100.00 per day for every day in violation startin~y 20 2008 ifproperty is not brought into compliance; seconded by Janusiak The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount of the me CASE NO. 08-403 Luz Rodriguez Parcel at NE end of Roane Rd. Clermont, FL 34711 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 15, 2008 LOCATION OF VIOLATION: Parcel at NE end of Roane Rd., Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61 (1)(2)(3)(11) Unlawful Maintenance of Nuisances 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 the accumulation, which includes but is not limited to, twenty-five (25) or more car and truck tires, a vehicle gas tank, several 5-gallon gas cans, a washing machine, upholstered chairs, at least two (2) sofas, broken plastic and metal chairs, discarded children's furniture and toys, two (2) or more grocery carts, a large pet-carrier, plastic buckets and trash cans, a considerable amount of bottles, cans, paper, cardboard, trash and litter, throughout the property that is completely overgrown with high grass and weeds among dead and dying vegetation. Compliance of this violation will be when the premises have been completely cleaned of the items mentioned above, and the like, plus all vegetation uniformly trimmed and mowed, including the street right-of--way, then all clippings shall be removed from property. Ms. McMinamen stated a lot of the trash has been removed but there is still more that needs to be done. A. D. Van Demark made a motion to find the Respondent in violation ofthe cited City code and be fined at a rate of $100.00 per day for every day in violation starting May 20 2008 i~property is not brought into compliance; seconded by Janusiak. The vote was unanimous in avor of finding the Respondent in violation and in favor of the time period and the amount ofthe fine There being no further business, the meeting was adjourned. Purvis, Chairman test: Rae Chidlow, Code Enforcement Clerk 6