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06-17-2008 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 17, 2008 The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 17, 2008 at 7:00 p.m. Members attending were James Purvis, Chairman, Tim Murry, A.D. Van Demark, Les Booker, James Davern, and Alfred Mannella. Also attending were Suzanne O'Shea Code Enforcement Officer, Yvette Brown, City 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 May 20, 2008 were approved as written. Code Enforcement Officer Suzanne O'Shea, along with any of the public who may testify, was sworn in. Jim Purvis gave the floor to Code Enforcement Staff and Attorney. NEW BUSINESS 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 and stated the Respondent was not present. 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 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 OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 17, 2008 Chairman Purvis asked what is to be gained by finding them guilty being they are now in compliance. City attorney Yvette Brown stated that once the Board makes a determination that there has been a violation, the next time the code enforcement officer drives by and sees the property out of compliance, the statute does not require the City provide them with a reasonable time to come into compliance. She stated that the City can notice them, set it for hearing, come to the Board show the pictures and ask for a fine to start from the date of noncompliance. She stated that the statute is set up so that when you have these kinds of repeat offenders we don't have to keep giving them another chance. Board member Booker asked if they are non-city residence owner. Ms. O'Shea stated that they live in Lake Louisa down on Highway 27 and Hartwood Marsh. Board member Murry stated that there is definitely a pattern with the Respondent. Board member Booker asked if they are a second offender the case will be in a different category for the next offense. City attorney Yvette Brown stated that the City will come before the Board and ask for the Respondent to be fined. She stated that according to Section 162 the three items to consider when determining what type of fine to assess will be the gravity, the cooperation of the Respondent and the number of times they have been before the Board. Les Booker made a motion to the andin of violation of the cited City code; seconded by Tim Murry. The vote was unanimous in favor o the ~ndin~of violation. 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. 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 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 17, 2008 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 unpermitted temporary carport erected in the driveway. Compliance of this violation will be when the temporary carport has been permanently removed. Hamechand Ramsarup, 191 Bloxom Ave., stated that the the reason why he put the temporary carport is because his mother-in-law had passed away. He stated he had to do something to accommodate his relatives because his house is not big enough to accommodate that many relatives. He stated that they had a funeral and according to their religion they have to have people there to sing and pray for thirteen days. Board member Murry asked if they had gotten the permit would the tent been legal. Ms. O'Shea stated that had the permit been pulled prior to putting up the tent they would have site plan or survey showing where it would be placed on the property, the City Manager could have approved it for three days. Mr. Hitt stated that there is an application form for tents and for three days the City Manager can approve it, but if it was for a longer period of time it would have to go before City Council for approval. Chairman Purvis stated that they have to uphold the rules of the City. He stated that the tent looks to be about 20' x 30'. He stated that the rules are not made to make things harder for the residents, but for public safety. Mr. Ramsarup stated that he did not know they had to have a permit to put up the tent. Board member Davern explained that there is no penalty at this time, but now they know the process if it is to occur in the future. James Davern made a motion to the findin~of violation of the cited City code • seconded by A• D• Van Demark. The vote was unanimous in avor of the findin~o violation. OTHER BUSINESS CASE NO. 07-367 William & Renee Banzhaf 790 Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 790 Minneola Ave., Clermont, FL 34711 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 17, 2008 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76 (12) Unsafe Building due to Deterioration. CASE NO. 07-368 William & Renee Banzhaf 790 Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 790 Minneola Ave., Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-344 (a). Building Permit Required. City Attorney Yvette Brown introduced both cases. Bill Banzhaf, 790 W. Minneola Ave., stated that when they first started pulling the permit the City asked if he could combine into one permit the structural renovations and the walls and a/c work that needs to be done with the other area. He stated that in September he started some minor repairs. He stated that the clean up was started and all the debris around the back of the building has now been cleaned up. He stated that on November 14th he had a preliminary engineer report done that stated that there were structural issues and the engineer followed up with a detailed report. He stated the on January 14th he applied for the permit for the wall and the a/c work. He stated that on January 24th he received a letter back talking about splitting a large unit into two units. He stated that it was already two units and had a CO for the unit that had the code violations. He stated that on February 19th the Building Department and Fire Inspector went to look at the building. He read the letter provided by the Fire Inspector. He stated that most of the violations were corrected when the tenant moved out because the tenant created at least half of the violations. He stated he was partitioning a room, not creating a new space. He stated he is trying to do the best for down town. He has been in contact with Schmid Construction and Denham Engineering to remove the building and work with the owner of the property next to him to build something for both pieces of property. He stated that he needs to ask for extension. Board member Davern asked for Mr. Banzhaf to be more specific on the amount of time he is requesting. Mr. Banzhaf stated that if he could have the time to work out a deal with Schmid Construction and the neighboring property owner. He stated that if he could at least have to the end of the year to either sell the property or do something else with the property. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 17, 2008 City attorney Yvette Brown stated that the case has been heard and this is just the next step. She stated that the fact that he has people who may want to purchase the building or he has big plans, this does not stop any of that, but it puts the potential new buyer on notice that there are violations pending against this property. She stated the property needs to come into compliance. When in compliance with a lien on the property, then he can come before City Council and ask for forgiveness or reduction of the fine. She stated that we need to have the City protected by putting a lien on the property and he can continue to work with buyers or whatever else he wants to do with the property. Chairman Purvis asked if the fines continue to accrue beyond today and can the Board cease the fines, but put the lien on the property for the two fines as they exist today. City attorney Yvette Brown stated that yes the fines will continue to accrue. She stated that the original order stated that the fine accrues at this amount until the property comes into compliance. Board member Booker asked if the Board has the authority to extend the time. City attorney Yvette Brown stated that the Board has the authority to do what they want to modify the order, but that is not what is before them today. She stated that the City wants to impose a lien against the property based on a previous order of this Board, not in regards to an extension of time. She stated the City will object to an extension of time because this will allow him to continue what he is doing now. Continuing to move the property towards compliance and opposing this fine or lien does not stop him from doing that. Board member Booker stated that when he heard the case the first time he never felt Mr. Banzhaf could get this building into compliance given the nature of the building. Mr. Banzhaf stated that eventually the building is going to have to come down. Chairman Purvis stated that he would like to put a cease to the accruing of the fine if it means imposing the lien. Ms. O'Shea stated that the City has had several meetings with Mr. Banzhaf and almost every time they hear about what could be done with the building. She stated they have also met the contractor who suggested to Mr. Banzhaf to demolish the building, which Mr. Banzhaf stated he would think about it. She stated that it is the City's concern that in six months he will be back asking for another extension. Board member Booker asked that if the fine continues as is and within the six months he comes into compliance, then the Board can excuse the fine. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 17, 2008 City attorney Yvette Brown stated that if they impose a lien then the Board makes a recommendation to City Council to reduce or waive the fine. She stated that if they choose to not impose a lien the fines still accrue, but when brought into compliance the Board can then make the decision to reduce or waive. Board member Mannella asked the age of the building. Mr. Banzhaf stated that the building was built in 1935. Board member Mannella asked if the building had any historical significant. Mr. Banzhaf stated that it wouldn't be considered historical because of all the remodeling that was done prior to his ownership. Board member Murry stated that when he heard this case 6 months ago he felt the best thing for this building was to demolish it. He stated that reducing the fine or doing away with the fines will not give him any incentive to bring this building into compliance. James Davern made a motion to the andin~of violation of the cited City code with an extension of six months (December 16 2008) to come into compliance with the continuation of the accruing fines with no liens being filed a,Qainst the property; seconded by Les Booker. The vote was 6-1 with A. D. Van Demark opposing the motion. 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: Chapter 188, Section 118-35 Maintenance and Pruning City Attorney Yvette Brown introduced the case. John Migetz, 4111 Emerywood Lane Orlando, stated that communication went from the City to the property management, then to McDonalds Corporation and then to him. He stated the property is in compliance now. He stated that he is asking for a waiver or reduction of the fine. Board member Davern asked if he had a plan in place to keep the property in compliance. Mr. Migetz stated that now that he knows and understands the code for the landscaping there should not be a problem with him keeping his properties in compliance. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 17, 2008 Alfred Manella made a motion to abate the fines in the entirety; seconded by Les Booker. The motion was amended to reduce the fine to $700 to be paid by July 1 S, 2008 or it will revert to the original order. The vote was unanimous in avor of reducing the fine. There being no further business, the meeting was adjourned. J~fnes Purvis, Chairman Attest: Rae hidlow, Code Enforcement Clerk 7