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11-18-2008 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 18, 2008 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, Tim Murry, A.D. Vandemark, Les Booker, James Davern and Alfred Mannella. Also attending were Suzanne O'Shea, Code Enforcement Officer, Betty McMinamen, Code Enforcement Officer, Jim Hitt, Planning Director, Yvette Brown, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, and Rae Chidlow, Code Enforcement Clerk. The Pledge of Allegiance was recited. Les Booker made a motion to suspend the December 2008 Code Enforcement Board meeting; seconded by Alfred Mannella. The vote was unanimous in _ avor of cancelling the December 2008 Code Enforcement meeting. The minutes from the Code Enforcement Board Meeting of September 16, 2008 were approved as written. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Betty McMinamen, 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 N0.08-441 Roger J Foerg 1949 Sunset Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1949 Sunset Lane, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(2)(3); 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 section of the City of Clermont Code of Ordinances due to the following: WEEDS/HARBORAGE FOR RATS- Property is extremely overgrown with tall grass and weeds and is a harborage for rats and other vermin. REFUSE- accumulation of debris, which includes stacks and stacks of cardboard on the side of the house, buckets of cans, and overgrowth of weeds and grass. Compliance of this violation will be when the premises have met the following conditions: WEEDS/HARBORAGE FOR RATS- All overgrown vegetation is uniformly trimmed and mowed, including to the street right-of--way, with all clippings removed from property. REFUSE- Removal and proper disposal of all cardboard debris and cans from the property. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 Roger Foerg, 1949 Sunset Lane, stated that he did receive the notices to get the property cleaned up. He stated that he has pains in his legs and back so he can only work a little at a time. He stated that he has cleaned up the card board and cans. He stated the entrance way is cleaned up. He stated that he has been in the hospital for the past five days. Chairman Purvis asked Mr. Foerg if he currently lives at this property. Mr. Foerg stated that he has not lived there since April. Chairman Purvis asked who is generating the trash on the property if this is not a rental and Mr. Foerg is not living there. Mr. Foerg stated that the trash has been there for quite a while. He stated that he borrowed a lawn mower to mow. City attorney Yvette Brown stated that this case was heard previously. She stated that he was found in violation without awarding a fine. She stated that Mr. Robert Boyatt came in and stated he would help Mr. Foerg. She stated that some items were removed; however more items have returned. She stated that the property never came into full compliance and has gotten worse. Chairman Purvis stated that he remembers Mr. Boyatt was going to become a mentor and responsible for this property coming into compliance. Code enforcement officer Suzanne O'Shea stated that she has spoken to Mr. Boyatt who stated that he has tried several times to clean up the property, only to find that more items accumulated. She said he is at his wit's end. Board member Booker asked where the trash comes from if he does not live there. Mr. Foerg stated that he is a pack rat and does not like to throw things away. He stated that he did not realize until recently that he was not in compliance and with all his pain he has not been able to clean it up. Vicki Foerg, 10830 Point Nellie Dr., stated she is Mr. Foerg's daughter-in-law. She stated that her husband went to the property around 3:00 this afternoon and cleaned up some of the items. She stated that the entrance way is clean, the items in the garage are still there, and she has not been in the back of the property. Board member Davern stated that the City finds itself to be a property manager from time to time and that is not the role of the City. He stated that being this is a repeat violation, they will probably will take some severe action this time. Chairman Purvis asked if this is a single family residence. Mr. Foerg stated that it is a single family residence. Board member Booker stated that if he cleans this up and it comes into compliance, then if he brings more trash back, he will be out of compliance again. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 Mr. Foerg stated that the trash will not be brought back because he does not live there anymore. James Davern made a motion to find the Respondent in repeat violation of the cited City code and be fined at a rate of $300.00 per day for every day in violation starting September 19, 2008; seconded by A.D. Vandemark. The vote was unanimous in, avor o~findin,~ the Respondent in violation and in, avor of the time period and the amount of the fine. CASE N0.08-446 William Rodriguez 1148 Callaway Circle Clermont, FL 34711 LOCATION OF VIOLATION: 1148 Callaway Circle, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61(1)(10); Unlawful Maintenance of Nuisances City Attorney Yvette Brown stated this case has complied and will not be heard. CASE N0.08-447 Roger J Foerg 1949 Sunset Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1949 Sunset Lane, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-95; Disabled/Wrecked Vehicle in Driveway 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 disabled/wrecked red 2003 Dodge Van in the driveway of the residence. Compliance of this violation will be when the vehicle has been removed from the property. She stated that the vehicle has been removed and this case is in compliance. She stated that staff is asking to be found in violation with no fine administered at this time. Roger Foerg, 1949 Sunset Lane, stated he thought his neighbor was going to fix the vehicle for him, but he has since had a heart attack. He stated that he and his son sold the vehicle to a junkyard. James Davern made a motion to find the Respondent in violation of the cited City code with no ,fine administered,• seconded by Tim Murry. The vote was unanimous in~avor o~nding the Respondent in violation of the cited City code. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 CASE N0.08-449 Michael & Iris Goris 3314 Park Branch Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 3314 Park Branch Avenue., Clermont, FL 34711 VIOLATION: Chapter 62, Section 62-33; Unlawful Parking of Commercial Vehicle City Attorney Yvette Brown introduced the case and stated there were no Respondents 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 section of the City of Clermont Code of Ordinances due to the commercial truck that is parked in the driveway of the residence. Vehicle Florida tag # 601JTJ, weight 18,3001bs, registered to Goris Transport LTD, 3314 Park Branch Ave, Clermont, FL 34711. Compliance of this violation will be when the above referenced truck is permanently removed from the property. A.D. Vandemark made a motion to end the Respondent in violation ofa reoccurring violation o the cited City code and be fined at a rate of $250.00 per day for every day in violation starting November 18, 2008; seconded by Les Booker. The vote was unanimous in, avor o~findin,~ the Respondent in violation and in favor of the time period and the amount of the one. CASE N0.08-450 Michael & Kimberly French 940 W. Lakeshore Drive Clermont, FL 34711 LOCATION OF VIOLATION: 940 W. Lakeshore Dr., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61(1); Unlawful Maintenance of Nuisances City Attorney Yvette Brown stated there was no service received on this case and will not be heard at this time. CASE N0.08-451 Woodbury, LLC Hancock Towne Centre Sub Lot 4 Pg 60 Pg 86-87 Clermont, FL 34711 LOCATION OF VIOLATION: Hancock Towne Centre Sub Lot 4 Pg 60 Pg 86-87, Clermont, FL 34711 VIOLATION: Chapter 94, Section 94-199; Sediment Control City Attorney Yvette Brown introduced the case. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 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 run-off of sediment from the property onto adjacent properties, and lack of necessary erosion control measures. Compliance of this violation will be when the premises have met the following: Properly install silt fences around the property so they stand erect, are adequately trenched into the ground, and prevent all soils from running off onto adjacent properties, install a secondary temporary sediment control measure, such as straw bale barrier, sod barrier, double-row silt fence, swale, berm, brush barrier, crushed concrete, etc., and remove all dirt, sand etc. that has run off onto adjacent properties. Paul Flesh, 2266 Three Rivers Dr. Orlando, stated that they have hired a contractor to repair the silt fence around the property. He stated the contractor was paid to remove the dirt from the property, but he did not do everything he was hired to do. He stated he tried to do it himself, but found it to be more than he can handle. He stated he is working on having the erosion problem resolved. Chairman Purvis stated that he remembers when a permit was issued to develop this plot. He stated that he recalls that there was concern about the difference in the elevation between their proposed development plan and the existing property which is showed as a parking lot. He stated that he recalls a condition being placed on the property to prevent this from happening. He asked how part of this property was developed without a retaining wall being installed first. Mr. Flesh stated that the two lots which are toward the corner have been developed, but the other two lots have not been developed other than underground work. He stated they do want to fix this issue and clean it up. Chairman Purvis asked Mr. Hitt about the conditions on the property. Mr. Hitt stated that the site is an existing construction site and there is no timing involved in regard to putting up the stem walls to prevent the erosion. Chairman Purvis stated that he does not agree with staff's recommendation. He feels the City has a responsibility for the condition of the property. He stated the stem wall should have been part of the beginning of the development. He stated the fine is severe for the respondent. Yvette Brown stated that the owner is the same owner of all four parcels. She stated that what he is required to do with the permitted parcel can differ from the parcel that has not been permitted because we have no idea what they intend to do with that parcel at this time. She stated that the parcel that is permitted is irrelevant to the parcel that has a code violation. Board member Booker asked if a week is going to be enough time to complete the clean up. Mr. Flesh stated that he has hired a contractor and he believes it will be enough time. Andrew Shumway stated he wanted to comment on the statement made that there has not been any attempts to control the soil, however there was a silt fence in place, but it failed. Chairman Purvis asked how long the silt fence was in place was before it failed. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 Mr. Shumway stated that the silt fence has been in place for four to five months. Mr. Flesh asked for two weeks to allow them to get the property cleaned up. A.D. Vandemark made a motion to find the Respondent in violation of the cited City code and be fined at a rate o $250.00 per daY or every day in violation starting December 1, 2008; seconded by Tim Murry The vote was unanimous in favor of coding the Respondent in violation and in avor of the time period and the amount of the fine. CASE N0.08-452 Martin & Blanca Casanova 567 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 567 E. Montrose Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-76 (3); Minimum Housing Standards 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 following: There are Exterior Windows that are not operational, do not have proper hardware, are sealed shut with plywood, and are broken. a) - 305.7 Windows -Every window shall be substantially weather tight, watertight, and insect and rodent proof, and shall be kept in sound working condition and good repair. b) - 305.10 Windows To Be Openable -Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured into position by window hardware. Exterior doors are not equipped with properly installed hardware, and do not close properly. a) - 305.11 Exterior Doors -Every exterior door shall be substantially weathertight, watertight, and rodentproof, and shall be kept in sound working condition and good repair. Overgrowth of grass and weeds, dangerous rotted wood clothes lines with wire hanging down in backyard. a) - 307.4 Care of Premises - It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any inoperable motor vehicle, ice box, refrigerator, stove, glass, and building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the housing official. Concrete divider between the units (561 and 567) is unstable and has partially separated from the building. a) -305.5 Stairs, Porches, and Appurtenances -Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. There are sections of the interior walls that are in disrepair. (Ceiling in closet, damaged/rotted baseboards, wall in the bathroom under toilet, etc.). a) -305.2 Exterior Walls - Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. b) -305.16 Interior Floors, Walls, and Ceilings -Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. There 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 are insects seen within the units; cabinets, floor, etc. a) -307.5 Extermination -Every occupant of a single- family dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. Smoke detectors are not functioning properly, and are not present in every bedroom. a) - 302.9 Smoke Detector System -Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendations and listing. Bathroom sink is separating from the wall. a)- 302.1 Sanitary Facilities -Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions. Outside water heater is missing a temperature and press valve, interior Air Conditioning unit leaks. a) - 302.4 Water Heating Facilities -Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathroom or shower at a temperature of not less than 120 degrees Fahrenheit. Compliance of This Violation will be when the following occurs: Windows are properly maintained, installed with proper hardware, and weatherproof as required. Doors are in sound working condition with proper hardware as required. All grass and weeds are mowed with clippings removed from the property. The wood clothes line is a hazard and should be removed in its entirety. The concrete divider should be stabilized and secured. Interior and Exterior walls and ceilings should be properly repaired, so that there are not any holes, gaps, or places for water, bugs, or rodents to enter. Insecticides should be applied to remove/reduce the amount of insects seen in the residence. There should be a functioning smoke detector in each bedroom as well as in the common areas. Bathroom sink should be properly secured to the wall so that there are no gaps/spaces. Replace temperature and press valve, and repair/replace air conditioning unit. Martin Casanova, 19 W. Hull Avenue, Oakland, stated that he was not getting any rent and could not afford to make the repairs. He stated that he is currently in foreclosure and he does not have the money to fix the property to make it compliant. He stated that he can board the windows and mow the grass, but he does not have the money to repair something that is not going to be his in a couple of months. Chairman Purvis stated that he does not want the neighbors looking at wood in the windows and asked that he at least paint the plywood the same color as the house so that it blends in with the house. Board member Murry stated that he agrees with the house being boarded up to prevent people from entering the building. Tim Murry made a motion to find the Respondent in violation of the cited City code, secure the propertx and come into compliance, or be fined at a rate of $250.00 per day for every day in violation starting December 2, 2008; seconded by Joe 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. CASE N0.08-455 Hardial Singh 430 Minnehaha Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 430 Minnehaha Avenue, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-76 (3); Minimum Housing Standards 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 City Attorney Yvette Brown stated this case has complied. CASE NO. 08-456 T & E Harvest Holdings, LLC 660 E. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: 660 E. Desoto Street, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61(13); Unlawful Maintenance of Nuisances City Attorney Yvette Brown stated this case has complied. OTHER BUSINESS FORGIVENESS OF FINE CASE N0.08-368 William & Renee Banzhaf 790 Minneola Avenue Clermont, FL 34711 City Attorney Yvette Brown introduced the case. William Banzhaf, 979 W. Montrose, stated that he is requesting forgiveness of the fine. He stated the intention was to build a new building. He stated that he had discussions with Schmid Construction which was also in discussions with the abutting property owner. He stated that after a lengthy time, he went ahead and did what was needed to make this building compliant. Board member Booker asked what had to be done to make the building compliant. Mr. Banzhaf stated he had to remove the air conditioner ducts and interior of the building. City attorney Yvette Brown stated that no money has been paid out at this time. She stated that the fine for this case will stop and they should wait until the other case has been complied before any forgiveness or reduction of fine be considered. Board member Booker asked why Mr. Banzhaf is asking for forgiveness at this time. Mr. Banzhaf stated that eventually he will have to come up with the money. He stated that he can then take the money to put into the building otherwise, he will be strapped to come up with the fine money on top of repairing the building. Board member Booker asked is there a loss for the City in granting this forgiveness request. 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 City attorney Yvette Brown stated that the City will be out the administrative costs due to the amount of time and effort for this case. She stated that it is two separate cases, but on the same property. She stated the City needs to allocate the costs for the cases. Board member Booker stated that the City has never asked for administrative costs in the past. City attorney Yvette Brown stated that it doesn't mean that the City can't ask for administrative costs. Chairman Purvis stated that the Board has always treated each case on its own. This case has become compliant and the case is closed, so it is time to put an end to it. He stated he supports the forgiveness. Board member Murry asked how much was the fine that has accrued for this case. City attorney Yvette Brown stated that the fine is $7,750. Board member Murry stated that he does not feel like the whole fine should be waived due to all the time and effort put into the case by the City. Board member Davern stated that they could wait 30 days and then make a determination. Board member Booker stated that Mr. Banzhaf has met the requirements the Board has set and is entitled to an answer. A.D. Vandemark made a motion to table this request, or a period of 60 days for the City to determine a cost; seconded by James Davern. The vote was 4-3 in favor o tabling this request, with Board members Mannella, Booker and Chairman Purvis opposing. INCREASE OF EXISTING FINE CASE N0.07-358 James M. Pool, ET AL 1301 Lake Avenue Clermont, FL 34711 City Attorney Yvette Brown introduced the case. James Pool, 1301 Lake Avenue, stated that he could not attend the meeting in October 2007 due to a severe vehicle accident involving his wife. He spoke with someone at City Hall the next week and told them he was looking for a roofer to put a roof on his garage. He stated that he requested another meeting with the City and had his daughter hand deliver the letter to City Hall. He stated that he never heard anything from then until September 2008 when he received a letter stating that he owed $16,000 in fines. He stated he has cleaned his supplies off the front porch, and he has his yard mowed every other week by a maintenance guy. He stated he has been waiting on money from the sale of some property to demolish the house and garage to rebuild. He said now he has a letter stating he owes $19,800 in fines. He stated that the only thing he might not have been in compliance with in the past year is the blue tarps on the garage. 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 Suzanne O'Shea stated that after Mr. Pool received his notice, he came into City Hall and spoke with her. She explained the dates of the mailings of notifications to Mr. Pool, stating when and who signed for the notices over the past year. She stated that he knew there was a case and it is not up to the City to remind him monthly about the case. Ms. O'Shea presented pictures that have been taken over the past year to the Board. Chairman Purvis stated he sees improvement on the property; however, it is not in compliance. Mr. Pool stated that all mail has been signed for, but the last piece of mail he signed for was a year ago. He stated he removed the blue tarps and replaced them with grey tarps to match his other roof. He stated that he was protecting tools in his garage. He stated that he was waiting on money from the land sale to demolish his building and put up another structure. Chairman Purvis asked what timeline Mr. Pool was looking at as far as getting the property into compliance. Board member Davern stated that it is irritating that this case has gone on for so long and there was no action taken by the City. Code Attorney Valerie Fuchs stated that it is not staff's job to go out and check it. It is up to the property owner to come forward because they know the lien can be attached. Board member Davern stated that a tarp has been on the roof for a while and the length of time is significant. He stated that it is in violation of the code. Christy Bonjorn, asked what the violations are. Chairman Purvis directed her to make an appointment with staff. A.D. Vandemark made a motion to find the Respondent in violation of the cited City codes: seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation. A.D. Vandemark made a motion to increase the amount o the, ine, om $50 per day to the amount of $250 per day beginning December 2, 2008 and recommend to move forward with implementing a lien; seconded by Les Booker. The vote was unanimous in avor o increasing the amount o the fine. FORECLOSE ON CODE ENFORCEMENT LIEN CASE N0.07-340 Marie Fields Heirs c/o Felicia Bailey 1029 Lake Avenue Clermont, FL 34711 City Attorney Yvette Brown introduced the case and stated the Respondent was not present. 10 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 18, 2008 James Davern made a motion to move forward to recommend to Council or foreclosure o this property; seconded by Les Booker. The vote was unanimous in avor of recommending to Council or foreclosure. CASE N0.03-23, 06-283 & 06-284 Irene Abrahams 847 Disston Avenue Clermont, FL 3471 City Attorney Yvette Brown introduced the case. Theldon Cooper, 184 E. Seminole Avenue, Bushnell, stated that he did not know the extent of the fines on the property. He stated that he is the youngest son of Ms. Abrahams. He stated that he has two older brothers who live here in Clermont and he does not understand why they have not helped to keep the property into compliance. Hg stated that he has worked on the property and he has done what he knows to do to make it compliant. He stated that he is asking for mercy for his mom; he knows it is a lot of money, but the house has been in the family for a long time. He stated that he has removed the tool shed and a cart full of trash. He stated that the insurance money that his mom received on the house was used for the mortgage rather than repairing the house. He stated that he has a potential buyer for the property and would like to ask for the liens to be dropped or reduced so he could sell the house. Board member Booker asked what the family's plan for the house was. Mr. Cooper stated they would like to sell the property. He stated that there is nothing they can do to rebuild the structure. A. D. Van Demark made a motion to Qrant an extension of 30 days to hear this case; seconded by Alfred Mannella. The vote was 6-1 in avor of recommending to Council for foreclosure with Board member Davern opposing There being no further business, the meeting was adjourned. Jamyers Purvis, Chairman Attest: , Rae Chidlow, Code Enforcement Clerk 11