04-20-1993 Regular Meeting• •
MINUTES
CODE ENFORCEMENT BOARD
APRIL 20, 1993
The regular scheduled meeting of the Code Enforcement Board was called to order on
April 20, 1993 at 7:30 p.m. Members attending were Edward Whitehead, Martin
Wright, Dorothy McGriff, Jon Fortier, James Welborn, Jr., George Wood and Donald
Burris. Also attending were Leonard Baird, City Attorney, Richard Bowman, Code
Enforcement Officer, Lanny Harker, Director of Planning and Mimi Shaw, Planning
Technician.
MINUTES of the meeting held March 16, 1993 were approved as presented.
OLD BUSINESS
CASE NO. 92-03
Bob and Effie Young
1147 Hampton Street
Clermont, FL 34711
LOCATION: 1147 Hampton Street
VIOLATION: City of Clermont Code of Ordinances, Chapter 9A, Section 5 -
Establishment of development permit.
Mr. Bowman explained that this case was originally tabled due to the fact the Mr.
Young would be out of town and was not able to attend the previous hearing.
Mr. Bowman further stated that, as evidenced by the pictures included in the Boards
packet, the structure that was recently built does not meet the required rear yard
setback of twenty-five (25) feet, as the structure is only approximately eight (8) feet
from the rear property line. The defendant also failed to obtain a building permit for
the structure.
Staff therefore recommends the defendant be given until May 18, 1993 to remove all
non-conforming structures. If the defendant fails to comply by May 18, a fine of
550.00 a day be imposed until all violations are corrected.
Person sworn in were:
Mr. Bob Young, 1147 Hampton Street, Clermont, Florida
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Mr. Young explained to the Board that a dome tent was previously at the location of
the new addition, however the tent had become tattered, so he decided to build a
permanent structure. The structure was built by R. L. Smith Construction Company
.out of Orlando and it was assumed that he obtained the proper permits.
Further discussion ensued.
Mr. Baird explained to the defendant that he basically has two options. The first
being to purchase additional property from the abutting properly owner, or the
second being to remove the new addition.
A motion was made by George Wood that the defendant be given until May 18, 1993
to remove all non-conforming structures. If the defendant fails to comply by May 18,
a fine of $50.00 a day be imposed until all violations are corrected, as recommended
by Staff, seconded by Jon Fortier, and approved by a unanimous vote.
At this time Mr. Young asked if he could be given 90 days to complete this as he
would be going out of town for work purposes in the near future.
The motion was amended by George Wood, to give the defendant six (6) months to
remove all non-conforming structures, seconded by James Welborn. Approved 6 to 1,
with Mr. Fortier voting nay.
CASE NO. 93-04
Jerry R. Daniels
1270 Fran Mar Court
Clermont, FL 34711
LOCATION: 1270 Fran Mar Court
VIOLATION: City of Clermont Code of Ordinances, .Chapter 24, Section 4 -Parking,
storage of recreational vehicles.
Mr. Bowman informed the Board that this violation had been cleared.
A motion was made by Dorothy McGriff to dismiss this case, seconded by Donald
Bums and approved by a unanimous vote.
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NEW BUSINESS
CASE NO. 93-05
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Arthur Dean
P.O. Box 121308
Clermont, FL 34712-1308
., LOCATION: 730 East Juniata Street
VIOLATION: Standard Housing Code, Chapter 3, Section 309.1 -Dangerous
structures.
Ms. McGriff abstained from this case due to a possible conflict of interest.
Mr. Bowman explained that there had been a structure fire in this building on
December 30, 1992 and is now In a state of disrepair and is a safety hazard to the
public. The defendant is in the process of negotiating to sell the property to a Church
that adjoins the subject property, however the structure does need to be demolished
immediately.
Staff recommends the defendant be given fourteen days (14) for demolition and clean-
up of the site, otherwise directive be provided to the City Manager that the Ciry
assume responsibility for eradication of the public safety hazard. In addition, directive
also to be provided to the City Attorney that a lien be placed on the subject property
in the amount of actual cost for the required site demolition and clean up.
Person sworn in were:
Mr. Arthur Dean, 313 Highland Avenue, Clermont, Florida.
Mr. Dean explained that the Church has been interested in purchasing this property
for quite sometime and now that the building has burned he is considering selling it.
However, it will take the Church some time to have the funds to purchase the
property
Mr. Baird asked the defendant how long it would take for the structure to be
demolished and the site to be cleared.
At this time Mr. James Ware, Pastor of the Church, whose address being P.O. Box 196,
Okahumka, Florida was sworn in.
Mr. Ware stated that he felt the Church could have the property cleared by mid-May.
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A motion was made by Martin Wright to give the defendant sixty (60) days to
demolish the stricture and clean up the site, otherwise directive be provided to the
Ciry Manager that the City assume responsibility for eradication of the public safety
hazard. In addition, directive also to be provided to the Ciry Attorney that a lien be
placed on the subject property in the amount of actual cost for the required site
demolition and dean up. Seconded by Jon Fortier and approved by a unanimous
vote.
CASE NO. 93-06
William Oleyar
734 Dunhill Road
Orlando, FL 32825
LOCATION: 798 East Desoto Street
VIOLATION: Standard Housing Code, Chapter 3, Section 309.1 -Dangerous
structures.
Mr. Bowman informed the Board that the defendant has secured the structure
sufficiently and asked that this case be dismissed.
A motion was made by George Wood to dismiss this case, seconded by Martin Wright
and approved by a unanimous vote.
CASE NO. 93-07
Roger Foerg
1949 Sunset Lane
Clermont, FL 34711
LOCATION: 1949 Sunset Lane
VIOLATION: City of Clermont Code of Ordinances, Chapter 24, Section 4 -Parking,
storage of recreational vehicles.
Mr. Bowman informed the Board that this violation had been cleared.
A motion was made by James Welborn to dismiss this case, seconded by Martin Wright
and approved by a unanimous vote.
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CASE NO. 93-08
Richard Brown
715 Drew Avenue
Clermont, FL 34711
LOCATION: 500 West Avenue
VIOLATION: Standard Life Safety Code and Standard Fire Prevention Code, as
adopted by the City of Clermont Code of Ordinances, Section 5-2.
Mr. George Wood abstained from this case due to a possible conflict of interest.
Mr. Bowman explained that the defendant is in violation of the Standard Life and
Safety Code and the Standard Fire Prevention Code. Numerous inspections have been
done by Paul Anderson who is the Citys Assistant Fire Chief, copies of these reports
have been included in the Boards packet. On June 22, 1991 a hazardous spill did
occur at this site. The Lake County Haz-Mat Team was called upon to assist with the
spill, a copy of their report has also been included in this packet.
At this time Mr. Paul Anderson, Assistant Fire Chief, of 1315 East Avenue, Clermont,
Florida was sworn in.
Mr. Anderson briefly explained to the Board the general process followed to
manufacture anhydrous ammonia, which is used in the production of blue prints. Mr.
Anderson further stated that when the ammonia leak occurred in June of 1991 the
process was apparently left unattended. The anhydrous ammonia that was being
pumped into a mixing vat was being pumped in to quickly, hence the spill occurred.
The defendants have complied with all of the code violations that have been found
except for the anhydrous ammonia leak detector. A leak detector has been installed
• on the bolt tank on the exterior of the building, however a leak detector is also
required to be installed on the inside of the building where the mixing and filling
process takes place. They defendants are no longer doing the process as before, the
product is now being shipped in to them, they then only fill gallon containers with
the chemical, they therefore do not feel that it is necessary to have the detector.
However, they equipment necessary to do the actual processing is still in place, and a
detector should still be installed.
Mr. Bowman expressed Staffs recommendation is as follows:
1. Staff recommends the defendant be given until April 25, 1993 to provide all
required devices in order to conform to NFPA standards, if the defendant fails
to comply he shall be fined $50.00 per day for each day the violation continues
to exist.
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2. By May 4, 1993 the defendant shall cause inspection of the subject property by
FDER and OSHA and the subsequent inspection reports from OSHA and FDER
shall be submitted to the Code Enforcement Officer. If the defendant fails to
cause the required inspections and supply these reports a fine of $50.00 per
day shall be imposed until the required reports are received by the Ciry.
3. If any violations are found by OSHA or FDER, the defendant shall correct said
violations prior to the May 18, 1993 Board meeting or a fine of $50.00 per day
shall be imposed until such time as the violations are corrected.
Persons sworn in were:
Mr. Richard Brown, 715 Drew Avenue, Clermont, Florida
Mr. Brown informed the Board that he has made an effort to be in compliance with all
of the other regulations, however the tanks are no longer being used and they have
no intention of using them.
Further discussion followed regarding the production process of the ammonia and
public safety concerns.
A motion was made by Jon Fortier that the defendant be given the following:
1. The defendant be given until Apri125, 1993 to provide all required devices in
order to conform to NFPA standards, if the defendant fails to comply he shall
be fined $50.00 per day for each day the violation continues to exist.
2. By May 4, 1993 the Ciry shall cause inspection of the subject property by FDER
and OSHA and the subsequent inspection reports from OSHA and FDER shall
be submitted to the Code Enforcement Officer. The defendant shall be
' required to meet all of the requirements of the inspections by OSHA and FDER.
3. If any violations are found by OSHA or FDER, the defendant shall correct said
violations no later than fourteen (14) days after the reports have been
submitted to the Code Enforcement Officer or a fine of $50.00 per day shall be
imposed until such time as the violations are corrected.
Seconded by Donald Bums and approved by a unanimous vote.
CASE NO. 93-09
Thomas Speakman
220 Crestview Drive
Clermont, FL 34711
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LOCATION: 220 Crestview Drive
VIOLATION: City of Clermont Code of Ordinances, Chapter 4.
Mr. Bowman explained to the Board that the defendant has repeatedly allowed his
animals to run free and numerous complaints have been made by neighbors. Mr.
Speakman has previously been notified of this problem with a violation notice.
Staff therefore recommends the defendant be fined $25.00 per animal immediately. If
~~ the violation occurs again, the defendant will be brought back before the Board as a
' repeat offender and charged subsequently.
Mr. Bums stated that he felt the fine as recommended by Staff was to low.
A motion was made by Don Burris that if it is recorded by the Police Department or
the Animal Control Officer of the City that these animals have not been restrained, an
_ immediate fine of $100.00 per animal shall be imposed, seconded by Jon Fortier and
approved by a unanimous vote.
There being no further business the meeting was adjourned.
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Edward ead, Chairman
ATTEST:
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Mi i Shaw, Planning Technician
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