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05-20-2008 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 20, 2008 The regular meeting of the Code Enforcement Board was called to order on Tuesday, May 20, 2008 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, Tim Murry, Les Booker, James Davern, and Alfred Mannella. Also attending were Betty McMinamen, Code Enforcement Officer, Suzanne O'Shea Code Enforcement Officer, Yvette Brown, 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 April 15, 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 N0.08-412 Hurtak Family Partnership LTD Central Florida KFC #3 590 E. S.R. 50 Clermont, FL 34711 LOCATION OF VIOLATION: 590 E. S.R. 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-33 & 35 Irrigation Plan and Maintenance and Pruning City Attorney Yvette Brown stated that this case has come into compliance and will not be heard. CASE N0.08-407 Church of our Lord Jesus Christ of the Apostolic Faith, Inc. 792 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 792 E. Montrose St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-76 (12) Unsafe Building due to Lack of Maintenance. City Attorney Yvette Brown 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, the extensive deterioration of this CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 20, 2008 commercial building, caused by abandonment and inadequate maintenance, in addition to incomplete repair and restoration needed since the fire of 1990, leaving this structure in such condition as to be deemed a public nuisance and a hazard to public safety and health. Ms. McMinamen stated that compliance of this violation will be when this building has been repaired and restored to code in accordance with a Building Permit that can only be secured after approval of properly engineered drawings, or the entire structure must be completely demolished and all debris removed from property. City Attorney Yvette Brown stated that staff recommendation is to find the Respondent in violation of the cited section. She stated the request is to fine the Respondent $250 a day for each day the violation exist past June 17, 2008. She stated the reason for the short period is because the Respondent has been aware of the problems and has been notified on numerous occasions to come into compliance and has not done what has been requested. She stated the property has been looked at for possible nuisance and abatement action. Ms. McMinamen explained all the actions taken on the property going back to November 2000 to current date. Darryl Forehand, 555 Pitt St., stated that there are several discrepancies on the list showing the permit dates. He stated they had purchased this property with the hope of taking the bar and turning it into a church. He stated they had a contractor who started work on the building but the contractor had made serious errors on the building and they feared the building would not pass inspections. He stated the contractor did not perform to the satisfaction of the church, so the church let the contractor go, but had to pay him about $125,000. He stated that it took the church a while to recuperate from that loss. He stated that it is located in a low income neighborhood so money is not always available. He stated the church has a new contractor now and they are certain they will be able to finish this building along with the financial help of Jose Reynoso. He stated they have had struggles and they are trying to overcome those struggles. Jose Reynoso, 637 Crescent Hills Place, Lakeland, stated that he assists churches who need financial help with completing their projects. He stated that he is extending his financial help to the church in order to get this project completed. He said he has a letter from his bank to confirm that this is not the first church he has helped. He stated his role is to bring in a new contractor, set up a goal for the church and help with the financing by using his own funds and through the network of other churches that he has assisted in the past. Chairman Purvis stated he would like for the letter to be submitted for the records. He asked if he had a plan and what is the time frame for completing the project. Mr. Reynoso stated that the project will probably take 8 to 12 months to complete and he started working with the church 2 or 3 weeks ago. He stated he needs to meet with the engineers to see what is wrong with the existing structure and he could submit a plan at the next meeting. Board member Booker asked what he expected to be completed on the project within the 8 to 12 month period. Mr. Reynoso stated that he expects the project to be completed. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 20, 2008 Board member Davern asked if any permits have been pulled at this time. Mr. Reynoso stated that Contractors Plus has contacted the City and has initiated the application for permits. He said the only thing missing from the file is an original power of attorney letter. Board member Davern asked the expected time for pulling the permit. Mr. Reynoso stated there are plans already prepared because they are resubmitting the same plans that were approved previously so it is just a matter of submitting the contractor's information. Mr. Hitt stated there are no approved site plans for this project because they are only valid for 2 years. He stated the church would have to resubmit for a Conditional Use Permit because it is only valid for 2 years, then go through site plan and then they could start pulling permits. Board member Manella asked if Mr. Reynoso would be providing the funds for the project and how much. Mr. Reynoso stated that he would be providing the funds and it would be approximately $300,000. Board member Davern stated that one of the first issues that have to be taken care of is making the building safe. Mr. Forehand asked for guidelines to make the building safe until Mr. Reynoso can complete the items the City requires in order to allow him to start work. Attorney Fuchs stated this board does not have the jurisdiction or the authority to give guidelines to make the building safe. She stated he would have to work with staff or with a building official. Attorney Brown stated that this board cannot give him advice. She stated that he either needs to demolish the building or fix the building. She stated that he knows the process that needs to be done because he has been through the process before. She stated the City is asking for 30 days for him to come into compliance, if he fails to come into compliance then let the fine start, let them fix the church. She said when they come into compliance they can come back before the board to ask for a waiver or reduction of the fine. Mr. Reynoso asked for the City to give him another 30 days for him to provide a plan being he has just started working with this project and has not had time to put a plan together. Board member Davern stated that the plan is not the issue, it is whether the property is in violation of City code which it is. He stated that is the limitation of the Board. Michael Parrot, 5123 Spanish Oaks Dr., Lakeland, stated that he has been a youth minister for 2 years now. He stated that the church had approximately 40 members that grew to 80 members. He stated that on Sunday's they have between 80 and 120 people who attend the church. He stated that probably half the members come from Lakeland to attend. He stated probably about 1 /3 of the members are in their early 20's and have little to no money. He stated that it is hard to 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 20, 2008 rebound from the loss of $120,000, but they are trying to do that. He stated $250 a day is a lot of money for a church and if they had that kind of money the church would be built by now. He stated that if the Board could give them the time to get the CUP and do what has to be done, then if it doesn't get done fine the church. He said he is asking for an appropriate amount of time to complete the process necessary to finish the church. Board member Davern stated that it is important for them to understand that the property is in violation and has been for a while. He stated that when the properly is in compliance the church can then come before the Board to ask for a reduction or an elimination of the fine. Board member Booker stated that the first priority is to make the building safe. Chairman Purvis asked staff if the building needs to be brought into compliance by making it safe or brought into compliance by being complete. Ms. McMinamen stated the building needs to be brought into compliance that can only be obtained with a permit or demolish the building. Chairman Purvis asked that if they can properly board up the building, obtain the permits, then they will be in compliance. Ms. McMinamen stated no, that is where they have been since 2003. She stated that the building official says that it is not acceptable in the condition it is in. She stated that with the proper permits, repairs and refurbishing it can be fixed. She says it needs to be complete or demolished. Attorney Fuchs stated she wanted to clarify that if the fine is recorded as a lien then this is not the Board you would come back before to ask f'or a reduction. She stated that they would have to go before Council to ask for a reduction and to keep track of their progression to show their good faith to come into compliance. Mr. Hitt stated the primary goal is to make the building habitable. He stated that it will take time to get through the process but the building needs to be made safe. He stated he gets calls monthly pertaining to this building from neighbors. David Lemois, 316 Hernando Rd., Winter Haven, stated he is representing the general contractor and he is also the electrical contractor. 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 daX in violation starting June 17, 2008 if property is not brought into compliance • seconded by Alfred Mannella. After discussion an amendment was made to the motion to reduce the fine to $l0~er day for ever~day in violation starting June 17, 2008 The vote was unanimous in• favor o,~~ndin~ the Respondent in violation and in favor of the time period and the amount o the me. CASE N0.08-413 Walgreen Company 701 S.R. 50 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 20, 2008 Clermont, FL 34711 LOCATION OF VIOLATION: 701 S.R. 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-33 & 35 Irrigation Plan and Maintenance and Pruning City Attorney Yvette Brown introduced the case. There were no Respondent present for this 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 chapter of the City of Clermont Code of Ordinances due to the following: Landscaping in many of the islands in the parking lot are dead, dying, and/or missing and in need of replacement. Hedges/shrubs around the perimeter of the parking lot and in the rear of the store are dead, dying, and/or missing, and are in need of replacement. The irrigation system does not appear to be functioning properly. Compliance of This Violation will be when the following is completed in its entirety: All vegetation within the parking lot islands is sufficiently replaced and maintained so that all plant life is healthy, neat and orderly. All missing/dead/dying hedges and shrubs around the property should be adequately replaced. The irrigation system should be functioning properly and used in accordance with the watering guidelines of the City of Clermont. Chairman Purvis asked about the vegetation on the other half of the plaza. Ms. O'Shea stated the other half of the plaza seems to be in good condition. James Davern made a motion to find the Respondent in violation o the cited City code and be fined at a rate of $250.00 per day or every day in violation starting June 3 2008 if property is not brought into compliance: seconded by Joe Janusiak. The vote was unanimous in avor o,~ finding the Respondent in violation and in favor of the time period and the amount of the fine. CASE N0.08-414 Michael J. & Karin C. Moreau Lot, Block 87, West Avenue Clermont, FL 34711 LOCATION OF VIOLATION: Lot, Block 87, West Avenue, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-76 (1) Unlawful Maintenance of Nuisances City Attorney Yvette Brown 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 chapter of the City of Clermont Code of Ordinances due to the property currently being overgrown with tall grass and weeds. Compliance of This Violation 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 20, 2008 will be when the premises have been returned to a condition met with custom and usual maintenance, clean of all excess vegetation, uniformly trimmed and mowed, including the street right-of--way, with all clippings removed from the property. She stated the property is in compliance at this time. She stated that it is staff's recommendation to find the Respondent in violation with no fines assessed. City attorney Yvette Brown stated that this is something the Board probably has not seen before. She stated what they are trying to establish is that this is a reoccurring violation. She stated that the Respondent has gone out of compliance, gets notified and then they come into compliance before the date of the code case hearing. She stated that basically the City is acting as a property manager for him instead of them keeping up the property on a regular basis. She stated the City cannot ask for a fine because they are in compliance at this time, but the City needs a mechanism in place so if they are in non-compliance again they can ask the Board to fine the Respondent retroactive to the date the Code Enforcement Officer found them out of compliance. She stated that they have to find them in violation so they can show in the future that this is a reoccurring violation. Board member Murry asked why the Board could not fine the Respondent now and make the fine retroactive. Code Enforcement attorney Valerie Fuchs stated that they have not been adjudicated guilty yet, so you cannot utilize the section of the code that says they are reoccurring yet. She stated that is what staff is trying to do now by establishing there was a violation and come back when it reoccurs. Chairman Purvis stated that he cannot see finding someone not in compliance when the property is in compliance. Code Enforcement attorney Valerie Fuchs stated that she is not able to research that at this time. Chairman Purvis asked if this case could be postponed for a month to give time for research: James Davern made a motion to table this case until June 17, 2008, seconded by Armed Mannella. The vote was unanimous in favor oftablin~ the case until June 17, 2008. CASE N0.08-415 Hamechand & Ruby Ramsarup 191 N. Bloxom Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 191 N. Bloxom Ave., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344 General Development Conditions City Attorney Yvette Brown introduced the case. She stated this case is similar to the previous case. James Davern made a motion to table this case until June 17. 2008, seconded by Joe Janusiak. The vote was unanimous in favor~'tabling the case until June 17. 2008. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 20, 2008 CASE N0.08-896 Gale Bell 690 Anderson St. Clermont, FL 34711 LOCATION OF VIOLATION: 690 Anderson St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 Unlawful Maintenance of Nuisances City Attorney Yvette Brown introduced the case. Darlene Dempsey, 677 Minneola Ave., slated they put in new irrigation and plants. She stated they did not pass the inspection because there were two dryers in the front yard because they were there for a yard sale. City attorney Yvette Brown stated that they failed to come into compliance within the time required. She stated the City sent a letter advising them they have a fine due of $400 for the 8 days the property was out of compliance at $50 a day. Code Enforcement attorney Valerie Fuchs stated that they are here to ask for a reduction of the fine for the 8 days the property was out of compliance. Code Enforcement Officer O'Shea stated that they were brought back as a repeat violator due to maintenance issues on the property. She stated back yard is perfect, they landscaped, sodded and put in irrigation system. She stated the problem she had was the dryers and other items that were in the front yard had been there for a quite some time. She stated they have been there since February and they did not remove those items. Les Booker made a motion to orgive the one of $400 • seconded by Joe .7anusiak. The vote was unanimous in favor of _amount of the Erne. There being no further business, the meeting was adjourned. Attest: Rae hidlow, Code Enforcement Clerk 7