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09-16-2008 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 16, 2008 The regular meeting of the Code Enforcement Board was called to order on Tuesday, September 16, 2008 at 7:00 p.m. Members attending were James Purvis, Chairman, Tim Murry, A.D. Vandemark, Les Booker, and Alfred Mannella. Also attending were 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 July 15, 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. City Attorney Yvette Brown stated that Case No. 08-439 has complied and will not be heard. NEW BUSINESS CASE N0.08-420 Mattie Lee Forehand c/o Ray Childs 482 Chestnut Street Clermont, FL 34711 LOCATION OF VIOLATION: 482 Chestnut Street, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (4); Dilapidated Building 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 section of the City of Clermont Code of Ordinances due to the dwelling being in a state of such disrepair it is unfit for human habitation and poses a safety and health risk. The following are examples, but are not limited to: Holes in the ceilings, floors and walls; termite damage throughout; door frames not secure and rotted; wet, rotted floor boards; leaking roof and permeable windows and window frames; windows not secured in window frame; window screens broken; unsafe electrical conditions/poor wiring; rodents, rats, and bugs throughout; counters, cabinets and sinks in poor condition, etc. Compliance of this violation will be when the property has met either of the following criteria: Restored to a condition that meets the standards of the Florida Minimum Housing Code, in addition to having been cleared by the City of Clermont Building Official as a safe, livable structure OR demolition of the structure following the obtaining of a demolition permit through the City of Clermont. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 16, 2008 Carla Childs, 539 E. Broome St., stated that Mattie Forehand is her deceased grandmother and Ray Childs is her ex-husband. She stated that she became aware of the situation after seeing the postings. She stated the property has been in her family since the 1920's. She stated that currently they have a probate issue. She stated that her uncle and ex-husband have some kind of agreement with the ownership. She stated that it would be to her benefit for the property to be demolished. She stated that she has spoken to the fire department and they are interested in using the property for training. She stated that with the property being in probate and her not having legal ownership at this time, she can't make any decisions on the property. She stated that her ex- husband has walked away from the property and she is working towards getting legal ownership. Chairman Purvis asked if the ex-husband has done a quit claim deed to give her legal control of the property. Ms. Childs stated he is not on any deed, but he could show that he has an insurable interest in the property because of the agreement between him and her uncle. She stated that Ray Childs is the one who has paid the property taxes on the property. Board member Booker asked what she was doing to get legal ownership of the property. Ms. Childs stated that her brother is working with an attorney and also working with the fire department. Darryl Forehand, 555 Pitts Street, stated that they are working with the fire department to try to sell the property. He stated that at this time because of budget cuts, they are not sure if the fire department can obtain the property at this time. He stated that the fire department has asked if they could use the property for training. He stated they want to make it available to the fire department. He stated that hopefully what needs to be done for them to acquire ownership is being done. He stated that he will see that the broken window gets boarded up by tomorrow afternoon. City attorney Yvette Brown explained to the Board members the process of acquiring ownership through probate. She stated that from what she understands, the fire department does not have an interest in the property and what needs to be done is for the building to be demolished. Board member Booker stated that information is helpful because the longer the house sits there the more damage will come to the property. Mr. Forehand stated that he would like to ask for 90 days to work through the process of the probate issue. He stated that in the mean time, the fire department can use the property and they will make sure the property is kept clean and mowed. A.D. Vandemark made a motion to find the Respondent in violation of the cited City code and be med at a rate of $150.00 per day or every day in violation starting December 16, 2008; seconded by Tim Murry. The vote was unanimous in favor o~nding the Respondent in violation and in, avor o the time period and the amount of the fine. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 16, 2008 CASE NO. 08-432 Clermont Center, Ltd. 1042 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 1042 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-33 & 35; Maintenance & Pruning/Irrigation plan City Attorney Yvette Brown introduced the case and stated the respondents were 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 following: The vegetative landscaping around the store and parking lot are dead, dying, and/or missing. 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 around the store and parking lot is sufficiently replaced and maintained so that all plant life is healthy, neat and orderly. The irrigation system should be functioning properly and used in accordance with the watering guidelines of the City of Clermont. Chairman Purvis asked if there was a working irrigation system on this property. Ms. O'Shea stated she has never seen it working but the Respondents say it is working. She stated that she does not believe the irrigation is in the back of the property. She stated the Respondent will have to demonstrate the irrigation system functions property when she does an inspection of the property when they are complete. A D Yandemark made a motion to find the Respondent in violation of the cited City code and be fined at a rate o $2f 50 00 per dam for every day in violation starting October 20 2008 • seconded by Les Booker. The vote was unanimous in favor o~finding the Respondent in violation and in favor of the time period and the amount of the fine. CASE N0.08-433 Clermont Center, Ltd. K-mart Property Tax Dept. 1002 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 1002 W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 34-61 (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 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 16, 2008 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: The vegetative landscaping around the store and parking lot are dead, dying, and/or missing. 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 around the store and parking lot is sufficiently replaced and maintained so that all plant life is healthy, neat and orderly. The irrigation system should be functioning properly and used in accordance with the watering guidelines of the City of Clermont. A D Vandemark made a motion to find the Respondent in violation of the cited City code and be med at a rate of $250 00 per dad, or every day in violation starting October 20 2008 • seconded by Tim Murry. The vote was unanimous in favor o~finding the Respondent in violation and in favor of the time period and the amount of the me. CASE N0.08-435 Joka Properties, Inc. 501 Almond St. Clermont, FL 34711 LOCATION OF VIOLATION: 501 Almond St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1); Unlawful Maintenance of Nuisances City Attorney Yvette Brown introduced the case and stated there are no respondents for this property. 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 excessive accumulation of tall grass and weeds on the property. Compliance of this violation will be when the premises have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of--way to the curb, with all clippings removed from the property. A D Vandemark made a motion to~nd the Respondent in violation of the cited City code and be med at a rate of $100 00 per da~,for every day in violation starting September 30, 2008; seconded by Les Booker The vote was unanimous in avor o~ indin the Respondent in violation and in favor of the time period and the amount of the fine. There being no further business, the meeting was adjourned. Attes . r Rae Chidlow, Code Enforcement Clerk 4