08-20-1991 Regular Meeting•
CODE ENFORCEMENT BOARD
AUGUST 20~ 1991
The regular scheduled meeting of the Code Enforcement Board was
called to order on August 20, 1991 at 7:30 p.m. Members attending
were Edward Whitehead, Martin Wright, George Wood, Joseph Janusiak,
Dorothy McGriff and Emma Higgins. Member William McKinney was
absent. Also attending were Leonard Baird, City Attorney, Richard
Bowman, Code Enforcement Officer, Lanny Harker, Director of
Planning and Mimi Shaw, Planning Technician.
Mr. Whitehead welcomed new member Mrs. Dorothy McGriff.
MINUTES of the meeting held May 21, 1991 were approved as
presented.
NEW BUSINESS:
CASE NO. 91-04
Calvin Crawley
1673 - 5th Street
Clermont, Florida 34711
VIOLATION: City of Clermont Code Ordinance, Chapter 4, Sections 4-
19 (f) , 4-21- (a) , 4-21(b) , 4-21(c) , 4-25 (a) , 4-25 (c) and
4-25(d), licensing and control of dogs; impoundment of
dogs, cats and other animals.
Mr. Bowman informed the Board that the Public Services Department
had received numerous complaints in regard to the defendants dog
and noted that copies of these complaints were included in the
Boards packets. These complaints date from July 6, 1990 to May 15,
1991. These complaints consist of one from Mr. Kevin Mulholland in
which the defendants, dog attacked Mr. Mulhollands'. cat. A
complaint was also received from a neighbor that the dog ripped out
the patio screen and attacked her cat. Therefore, this dog has
been classified as a vicious animal. -The dog has been impounded by
the Animal Control Officer for numerous days now. No complaints
have been received since the dog has been in custody.
Mr. Bowman stated staffs recommendation is that the dog should be
declared a public nuisance and a vicious animal. The dog should be
kept under proper restraint at all times and. that the defendant
should be fined $250.00 at this time. Staff feels if this incident
should occur again the dog should be collected by the Animal
Control Officer and taken immediately to the Lake County Animal
Shelter for proper disposition and the defendant fined $500.00.
Mr. Crawley stated that he understood the charges and had no
objection.
A motion was made by Mr. Janusiak to fine the defendant $250.00,
seconded by Mr. Wright, approved by a unanimous vote.
CASE NO. 91-05
Samuel Canty
P. O. Box 15904
Orlando, Florida 32853
LOCATION: Freeman Lane - Lots 1-6, inclusive, Lots 36 & 37,
Homedale Subdivision, Lake County, Florida.
VIOLATION: Standard Housing Code, Section 309.1, Dangerous
Structures.
•
Mr. Bowman informed the Board that on March 29, 1991 a letter was
sent to Mr. Canty describing the decaying condition of the
property. The buildings in question were to be brought up to SBCCI
code or, as an alternative suggestion, voluntary demolition. As of
this date only limited activities, such as boarding up of some of
the buildings to stop vandalism, has .been initiated. This does not
constitute compliance with SBCCI codes nor the intent of previous
correspondence. The blighted conditions still exist and vandalism
is still occurring.
Emma Higgins asked if the buildings were currently occupied.
Mr. Bowman stated that there are a couple tenants in the buildings
now.
Mr. Bowman stated staffs recommendations was that within 10 days
the defendant provide the Code Enforcement Officer a written
estimate from a licensed contractor stating the renovations to be
done to bring the structure up to SBCCI code requirements or for
voluntary demolition of the structures. The renovations or
demolition to be completed within 30 days of the submittal of the
estimate. If this does not occur by this time limit a fine of
$250.00 per day be imposed until one of these options is completed.
Mr. Mike Joseph was present and sworn in as representative for Mr.
Canty.
Mr. Joseph stated that this property was purchased by Mr. Canty in
1988 with the hopes of collecting income from these duplexes and it
soon became apparent that they would not be able to collect the
monies from the occupants. Notices were given to the tenants, but
it has been almost impossible to collect rent. Mr. Joseph stated
that a Mr. Miller Johnson was hired to look after the place and
take care of cutting the grass. We have had no luck in collecting
the rent and we went to Mr. Bowman to see what had to be done to
board up the building to try to get the squatters out. We need the
cooperation of the City to get these people out and "No
Trespassing" signs have been put on the building and the police
have the right and privilege to arrest anyone who is trespassing.
Mr. Wood asked Mr. Joseph what the owners intend to do with the
property once the squatters are out. Mr. Joseph responded that the
property is listed with realtors for sale.
Mr. Baird asked Mr. Joseph if he were able to get the present
occupants out of the building, would he agree to board up the
building and Mr. Joseph responded he had no problem with that at
all. Mr. Baird then asked Mr. Joseph what. attempts through legal
channels have been made to evict the tenants. Mr. Joseph stated
that the only legal channels that have been taken is that notices
have been posted.
Mr. Baird began to tell Mr. Joseph what his legal rights are as a
landlord and explained the way an eviction works through the
Courts.
Mr. Baird asked Mr. Joseph what amount time he needed to evict the
tenants and board up the building and Mr. Joseph responded that
thirty days would be very helpful. Mr. Baird asked Mr. Joseph if
he can have all the necessary things done by September 15, 1991 and
Mr. Joseph stated he would go to the Courthouse in Tavares by the
end of the week for the eviction notices.
Mr. Baird suggested that the board reschedule Mr. Joseph's case for
the September 17th meeting ~o .see if Mr. Joseph has had any
problems with the legal system. Mr. Baird told Mr. Joseph that. he
needs to appear at this meeting .to explain if there were any delays
and the Board may be able to give him a few more days. Mr. Baird
stated that Mr. Joseph apparently did not know the legal methods
for removing tenants in Lake County.
i
Mr. Wood made a motion that Mr. Joseph be given until September 17,
1991, to accomplish all the necessary things by the next meeting,
the motion was seconded by Mr. Wright and approved unanimously.
Mr. Baird told Mr. Joseph that he will not receive any further
certified mail from the City in reference to the property and to
appear on September 17, 1991, but he will receive an Order of
Continuance. Mr. Baird told Mr..Joseph that if he is in compliance
with the Board's recommendations, he will not have to appear at the
next meeting.
Mr. Whitehead asked Mr. Bowman .for a recap of the two (2)
outstanding cases (Brunson and Fogle). Mr. Bowman reported that
the Brunson case is still outstanding and the fees have increased
to $500.00 a day about two (2) weeks ago and that Mr. Fogle pulled
his Zoning Clearance for demolition from the City of Clermont on
June 16, 1991 and about two (2) weeks ago he pulled the Demolition
Permit from Lake County but he has not begun the project yet and
his fine is ongoing also.
There being no further business the meeting was adjourned.
9
Edward Whit a d, Chairman za
ATTEST:
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imi S aw, Pla Wing Technician