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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 1 • • 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. • NEW BUSINESS CASE NO. 93-05 • 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. 3 • • 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. 4 • • 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. 5 i •. 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 6 Y • • 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. .~';~,~ Edward ead, Chairman ATTEST: ,% Z% ~ %~ Mi i Shaw, Planning Technician 7