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01-20-2009 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 The regular meeting of the Code Enforcement Board was called to order on Tuesday, January 20, 2009 at 7:00 p.m. Members attending were James Purvis, Chairman, Tim Murry, Les Booker, and Alfred Mannella. Also attending were Suzanne O'Shea, Code Enforcement Officer, Betty McMinamen, Code Enforcement Officer, Alan Freeman, Water Conservation Coordinator, 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 November 18, 2008 were approved as written. Code Enforcement Officers Suzanne O'Shea and Betty McMinamen, along with any of the public who may testify, were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and Attorney. NEW BUSINESS CASE N0.09-457 Clermont Equestrian Saddlery & Tack, Inc. 750 W. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: 750 W. Desoto Street, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-243 (c); Uses to Be Enclosed: Outdoor Storage City Attorney Yvette Brown introduced the case and stated the Respondent was not present. 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 outside storage of a cargo trailer, a horse trailer, a utility trailer, asemi-trailer, two pod-sized storage containers, pallets, plus miscellaneous articles and supplies, all in plain view of the street and service alley, along with the neighbors on the east and west sides of your property. Compliance of this violation will be when all commercial uses, storage, and the like, have been completely screened from all public streets, alleys and adjacent properties, placed in an enclosed building, or entirely removed from the property such as the semi-trailer, which is too large to be screened from view. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 Alfred Mannella made a motion to find the Respondent in violation of the cited City code and be fined at a rate of X250 00 per day for every day in violation starting July 21, 2009• seconded by Les Booker The vote was unanimous in favor of finding the Respondent in violation and in favor o the time period and the amount of the fine. CASE N0.09-458 Clermont Equestrian Saddlery & Tack, Inc. 750 W. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: 750 W. Desoto Street, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-244 (a); Building Permit Required City Attorney Yvette Brown introduced the case and stated the Respondent was not present. 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 for failure to obtain a permit before the construction and/or renovation of the shed area on the western wall of the main building that now appears to be fully assembled without the inspections required during specific steps in construction necessary to determine structural integrity. Compliance of this violation will be when you have obtained the zoning clearance, along with an `As-Built" Building Permit containing engineered drawings with calculations for this addition to withstand 110 MPH winds, from the City of Clermont, with all building inspections completed for final approval of this permit. Les Booker made a motion tof nd the Respondent in violation of the cited City code and be fined at a rate o~ $250 DO per day_ for every day in violation starting July 21 2009; seconded by Tim Murry. The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount of the rne. CASE NO. 09-460 Robert E. & Lynne A. Cardinal 1629 Morning Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1629 Morning Drive, Clermont, FL 34711 VIOLATION: Chapter 122 Section122-344 (a), Chapter 98 Sections 98-9 (2) (c) and 98-10, Building Permit Required for Driveway Access P~ CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 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 failure to obtain a permit before the construction of the driveway located on the south side of your property from Morning Drive on the west, through to Bloxam Avenue on the east, connecting to both streets and appearing to be fully assembled with improper materials and without the City inspections required during specific steps in construction. Compliance of this violation will be when the zoning clearance and engineering permit have both been obtained from the City of Clermont, and all inspections complete through the final approval for both street connections of the new driveway. Robert Cardinal, 1629 Morning Drive, stated that he agrees with the violation and once it was brought to his attention he got a permit to bring the issue into compliance. He stated that he was working on correcting the problem, however the economy turned bad and he couldn't afford to complete the drive. He stated that he put rock in the driveway for a temporary solution and he does plan on completing the project as soon as work increases. He asked for a six month extension to come up with the money and complete the project. Chairman Purvis asked staff if the drive is required to have concrete aprons. Ms. McMinamen stated that a concrete apron is what is required by code. Chairman Purvis asked the Respondent if he knew how much the job is going to cost. Mr. Cardinal stated it will cost approximately $2500 to complete the job. He stated that he hasn't drawn a salary since September because the economy has gotten so bad. Ms. McMinamen stated that the driveway was already constructed without a permit in June. She stated that a case was written but was complied because it only required obtaining a permit. She stated that when that permit started to expire with no action, this case was written. She said the problem is there is a driveway built on two of the city's streets that is causing problems every time you enter or leave the road because it is causing the edges of the road to buckle. Chairman Purvis stated that the Board needs to find the Respondent in violation tonight and access some sort of fine. If this continues then the Respondent will end up with possible street repairs on top of completing the driveway. Mr. Cardinal stated that at this time there is 6 inches of hardtop at the street. He stated the street has not crumbled. He stated that his driveway is now higher than the street except where the rock is. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 Chairman Purvis stated that he feels at this time the Board needs to access a fine and not give the Respondent any extension in time. He stated the Respondent has the ability to correct the situation and then come back to the Board to ask for forgiveness of the fine. Board member Booker asked if the City would be agreeable to a thirty day period of time to work out a solution. Ms. McMinamen stated that the solution is he has to put the concrete aprons in. _Tim Murry made a motion to find the Respondent in violation of the cited City code and be fined at a rate o~ $150 00 der daK for every day in violation starting February 17, 2009 ~ seconded by Les Booker The vote was unanimous in favor of f nding the Respondent in violation and in avor of the time period and the amount of the one. CASE N0.09-466 Lam Phuoc Le & Cuc Thu Nguyen 1519 Pier St. Clermont, FL 34711 LOCATION OF VIOLATION: 1519 Pier St., Clermont, FL 34711 VIOLATION: Chapter 66, Sections 66-167 and 66-220 Water Restriction City Attorney Yvette Brown introduced the case. Al Freeman, City's Water Conservation Coordinator, stated that on two occasions, one being the 13th of November, the house on 1519 Pier Street was issued a warning citation for using irrigation outside of the times allowed. He stated that the next day on the 14th they were again watering outside the permitted schedule for irrigation. He stated the first warning had been removed from the door, they knew about it and there had been previous contacts with this home and they are aware of the irrigation restrictions. He stated that at this time the fine has not been paid. City Attorney Yvette Brown stated that staff is requesting to find the Respondent in violation and request that the $50 fine be paid by today's date. She stated that the tenant has advised the owner that the fine has been paid, but as of 5:00 pm today there is no record that this fine has been paid. Lam Phuoc Le, 1519 Pier St., stated that the tenant is having chemo everyday in Tampa and is having financial problems. He stated the tenant told him that the fine was paid, but when he asked the tenant for the receipt the tenant forgot to come to the City to pay and would come in the morning to pay the fine. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 Chairman Purvis stated the Respondent, as the property owner, is responsible for the fine and up to him to get the money from the tenant. Board member Murry asked if a daily fine would be imposed if the violation fine is not paid. City Attorney Yvette Brown stated that this case would be treated as any other code case where the Respondent will be found in violation and a fine assessed if the issue is not corrected by a certain date. Alfred Mannella made a motion to find the Respondent in violation of the non-payment of the violation Erne and to have payment made by January 27 2009 or the Respondent will be bro~ht back before the Board to adhere a lien on the property; seconded by Les Booker The vote was unanimous in favor o~ndinQ the Respondent in violation and in Favor of the time period. CASE N0.09-467 Glenn A. Winn 2205 Cluster Oaks Dr. Suite D Clermont, FL 34711 LOCATION OF VIOLATION: 2205 Cluster Oaks Dr. Suite D, Clermont, FL 34711 VIOLATION: Chapter 102, Section 102-22, Vehicles Used as a Sign 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 cargo van that is being positioned in the parking lot to be utilized as a sign for the business, Urban Stylez barber shop. This cargo van has been marked with advertising for the business, and positioned in a manner so that it is being used as an off-site sign for traffic traveling north and south on Hwy 27. Compliance of this violation will be when all vehicles, trailers, etc. containing advertising and/or signage for the business are permanently stored, that there is no visible signage from any adjacent roadway. Glenn Winn, 906 Jan Mar Ct., stated that he was not aware of the situation until December 18, 2008 after Ms. O'Shea contacted him. He stated that he spoke to the tenants and they said they were trying to comply and they were obviously trying to draw attention to their business. He stated the tenant said that some of the problems they were running into they were not aware of and that each time they were notified about a ~~ CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 violation they would correct it to comply. He stated that he doesn't know all the details because he was brought into the situation toward the end. Charlie Lopez, 2205 Cluster Oaks Drive, stated that he has complied with every violation that was brought to his attention. He stated that he uses his van for the business to transport barber chairs and mirrors. He stated that as a business owner, you should leave the front parking available for your customers. Brandy Thompson, 2205 Cluster Oaks Drive, stated that in the front parking spaces where Ms. O'Shea is referring that the van needs to be parked, at least one is a handicap space. She stated that she spoke with the code enforcement department about the trailer that was a problem. She then spoke to Mr. Lopez who removed the trailer at that time. She stated that Ms. O'Shea stated that the van could be parked no more than five spaces from the door and they were not to be any closer to the road. She stated that Mr. Lopez has not parked any further from the door since. She stated that there is no specific language in the code stating how far you can park from your business door, but that Ms. O'Shea stated that if he is as least half way or less between his door and the main view of the road, she would be okay with the parking of the van. She stated that in the code it states a vehicle cannot be used as a directional sign and this vehicle has no arrows. She asked that if this van or their suburban is a problem for advertising their business, than how can real estate companies and other businesses in town be allowed to advertise on their vehicles. She stated that everything Mr. Lopez has been found in violation of he stopped doing. Board member Tim Murry asked if there is any regular signage on the property. Ms. Thompson stated that there is signage at the corner of Highway 27 and Cluster Oak Drive. She stated that there is a sign for the barber shop, but it is small and hard to see. Board member Booker asked what does the "Walk-ins Welcome" on the vehicle refer to. Mr. Lopez stated that the majority of customers think that a barber shop is run by appointment. Board member Booker stated that is his point. He stated that the van is being used to advertise the barber shop, no matter what else you use the van for. He stated that he feels he is playing a game with code enforcement. Mr. Lopez stated that he is not trying to break the rules, but having a vehicle with a sign on it is not illegal. Ms. Thompson asked what is the difference in Mr. Lopez's van stating "Walk-ins Welcome" and the pizza delivery vehicle stating "We Deliver". 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 Diane Muelino, 2205 Cluster Oaks Drive, stated that she is the marketing person for Urban Stylez. She stated that she uses the van for marketing events away from the barber shop, but unfortunately, they have to park the van at the barber shop. Mr. Winn stated that you can drive down the road and see thousands of advertisements on vehicles. He stated that everyone who puts advertisements on their vehicles has one purpose in mind which is to draw people to their business. He stated that maybe Mr. Lopez is pushing the limits, but he is meeting the requirements. He stated that he has not received any other complaints about this tenant and other tenants in the building have not complained that he is aware of. He stated that times are difficult for everyone especially those in businesses trying to make a living. Les Booker 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, or every day in violation starting January 20. 2009; seconded by Tim Murry The vote was unanimous in favor of ~ndinQ the Respondent in violation and in favor of the time period and the amount of the fine. OTHER BUSINESS FORGIVENESS OF FINE CASE NO. 08-368 William & Renee Banzhaf 790 Minneola Avenue Clermont, FL 34711 City Attorney Yvette Brown introduced the case. Les Booker made a motion to ~orQive the fine; seconded by Alfred Mannella. The vote was unanimous in avor o~~giveness o the fine. FORECLOSE ON CODE ENFORCEMENT LIEN CASE N0.03-23, Ob-283, 06-284 Irene Abrahams 847 Disston Avenue Clermont, FL 34711 City Attorney Yvette Brown introduced the case. Theldon Cooper, 184 E. Seminole Avenue, Bushnell, stated that he has done everything he can do to bring the property into compliance with the exception of demolitioning the 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 2009 property. He stated that he has a buyer for the property and he is asking the Board for time to sell the house and allow the new buyer to repair the house. City Attorney Yvette Brown stated that two of the three properties owned by the Respondent are in compliance, but they already had liens in place for three months or more. She stated that the City will work with him to sell the property. She stated that the City has to move forward with the next step in case the property is not sold and brought into compliance. Les Booker made a motion to recommend to move forward with the lien on thisproperty' seconded by Tim Murry. The vote was 3-1 in favor of recommending to move forward with the lien request, with Board member Alfred Mannella opposing FORGIVENESS OF FINE CASE N0.08-441 Roger J Foerg 1949 Sunset Lane Clermont, FL 34711 City Attorney Yvette Brown introduced the case. Tim Murry made a motion to give the fine • seconded by Les Booker The vote was unanimous in favor of ~giveness of the ine. There was request for a break, followed by discussion of the list of the status of current liens and fines assessed on properties within the City. There being no further business, the meeting was adjourned. times Purvis, Chairman Attest: Rae hidlow, Code Enforcement Clerk 8