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02-15-1994 Regular Meeting• CITY OF CLERMONT • MINUTES CODE ENFORCEMENT BOARD MEETING FEBRUARY 15, 1994 The regular scheduled meeting of the Code Enforcement Board was called to order on February 15, 1994 at 7:30 p.m. Members attending were Edward Whitehead, Martin Wright, Donald Bums, Steve D'Amico, Jon Fortier and George Wood. Member James Welborn, Jr. was absent. Also attending were Leonard Baird, City Attorney, Richard Bowman, Code Enforcement Officer and Mimi Shaw, Code Enforcement Clerk. MINUTES of the meeting held August 17, 1993 were approved as presented. ORGANIZATIONAL MEETING: Nominations for Chairman and Vice-Chairman Edward Whitehead asked for nominations for Chairman, none were forthcoming. Mr. Baird stated a Chairman was required, thereafter, Mr. Whitehead nominated himself. Mr. Whitehead asked for further nominations for the seat of Chairman, n®ne where forthcoming, Mr. Whitehead was unanimously elected Chairman. Mr. Whitehead nominated George Wood for Vice-Chairman. There being no other nominations the nominations were closed. Mr. Wood was unanimously elected Vice- Chairman. CASE NO. 94-01 Alvin Knight 936 Tenth Street Clermont, FL 34711 LOCATION: 936 Tenth Street VIOLATION: City of Clermont Code of Ordinances, Chapter 11, Section 19. At this time Chairman Whitehead asked that all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Code Enforcement Officer Richard Bowman and Mr. Alvin Knight of 936 Tenth Street, Clermont. Mr. Bowman exhibited to the Board pictures of the defendants property, and quoted Chapter 11, Section 19 of the Code of Ordinances. Mr. Bowman explained that the defendant has numerous boxes and other debris stored at this site. The defendant does remove the debris periodically, however the situation continually reoccurs. Mr. Bowman stated that Staff recommends the defendant be given 10 days to remove all debris and materials. If this violation has not been cleared by February 26, 1994, the defendant be fined $50.00 per day the violation continues to exist. • • CITY OF C7.RRMONT MINUTES CODE ENFORCEMENT BOARD MEETING FEBRUARY 15, 1994 Page-2- Mr. Knight, the defendant, stated that at one time he had a site to haul these materials to, however, he no longer has the use of this site. Attorney Baird noted that the defendant had received a violation notice on December 11, 1993 advising him that the City would no longer pick up these materials. Attorney Baird asked the defendant if he took any action at that time to remove these materials. Mr. Knight stated that he did remove some of the debris at that time. Attorney Baird informed the defendant that his options at this time were to either sell these materials or it must be taken to the dump. Mr. Knight asked if he could store some of the things he might be able to sell at a later date behind the house where they could not be seen. __ Further discussion followed regarding the disposal of the debris. Mr. Knight asked the Board to give him until the end of March to remove the materials. Mr. Wood asked the defendant if he could have the debris cleared in one month, which would be mid March. Mr. Knight stated that he would try but could not guarantee that everything would be gone. Mr. Fortier stated that he felt the defendant should only be given one month, until mid March to have the site cleaned up. After further discussion, a motion was made by George Wood to give the defendant until March 31, 1994 to remove all debris and materials and if the violation continues to exist after this date, a fine of $50.00 per day be imposed, seconded by Steve D'Amico and approved by a vote of 5 to 1, with Jon Fortier voting nay. CASE NO. 94-02 Charles E. Duhart 2006 Alexander Avenue Sanford, FL 32771 LOCATION: 715 Drew Avenue VIOLATION: City of Clermont Code of Ordinances, Chapter 23, Section 3 CITY OF CLER3lONT MINUTES CODE ENFORCEMENT BOARD MEETING FEBRUARY 15, 1994 Page-3- At this time Chairman Whitehead asked that all those present who wished to speak in regard to this case be sworn in. As of 7:50 p.m. no one was present to represent Mr. Duhart. Mr. Bowman distnbuted pictures which showed asemi-tractor parked in a residential zone. Staff recommended the defendant be given until midnight February 16, 1994 to remove semi-tractor. If said vehicle is not removed a 72 hour notice will be posted upon said vehicle. If the semi-tractor is not removed within 72 hours the vehicle will be towed at the owners expense and an immediate fine of $500.00 will be imposed. If the violation is repeated the vehicle will be towed immediately and a fine of $500.00 imposed for each violation thereafter. A motion was made by Jon Fortier that the defendant be given until midnight February 16, 1994 to remove semi-tractor. If said vehicle is not removed a 72 hour notice will be posted upon said vehicle. If the semi-tractor is not removed within 72 hours the vehicle will be towed at the owners expense and an immediate fine of $500.00 will be imposed. If the violation is repeated the vehicle will be towed immediately and a fine of $500.00 unposed for each violation thereafter, as recommended by Staff, seconded by George Wood and approved by a unanimous vote. CASE NO. 94-03 Ralph Butler 731 Sunnydell Drive Clermont, FL 34711 LOCATION: 731 Sunnydell Drive VIOLATION: City of Clermont Code of Ordinances, Chapter 24, Section 4 Mr. Bowman informed the Board that this violation has been cleared. A motion was made by George Wood to dismiss this case, seconded by Jon Fortier and approved by a unanimous vote. CASE NO. 94-04 Erich Fischer 154 E. Highland Avenue Clermont, FL 34711 LOCATION: 154 E. Highland Avenue VIOLATION: City of Clermont Code of Ordinances, Chapter 2A, Section 12 CITY OF CLERblONT MINUTES CODE ENFORCEMENT BOARD MEETING FEBRUARY 15, 1994 Page-4- Member George Wood wished to abstain from this case due to a conflict of interest. At this time Chairman Whitehead asked that all those present who wished to speak in regard to this case be sworn in. As of 7:55 p.m. no one was present to represent Mr. Fisher. Mr. Bowman displayed a photo of the illegal sign. Mr. Bowman stated that Staff recommends the defendant be given three (3) days to remove the sign. If this violation continues to exist after February 18, 1994 the defendant be fined $50.00 per day the violation continues to exist. A motion was made by Jon Fortier that the defendant be given three (3) days to remove the sign. If this violation continues to exist after February 18, 1994 the defendant be fined $50.00 per day the violation continues to exist, as recommended by=Staff, seconded by Donald Burris, and approved by a vote of S to 1 with Mr. Wood abstaining from the vote. CASE NO. 94-05 Bart Fraser 979 W. Montrose Street Clermont, FL 34711 LOCATION: 979 W. Montrose Street VIOLATION: City of Clermont Code of Ordinances, Chapter 23, Section 3 At this time Chairman Whitehead asked that all those present who wished to speak in regard to this case be sworn in. As of 7:58 p.m. no one was present to represent Mr. Fraser. Mr. Bowman noted that this was another case of asemi-tractor parked in a residential zone. Mr. Bowman stated that Staff recommends a fine of $50.00 be imposed for damage done to sidewalk and that the defendant be given until 5:00 p.m. February 16, 1994 to remove semi-tractor. If said vehicle is not removed a 72 hour notice will be posted upon said vehicle. If the semi-tractor is not removed within 72 hours the vehicle will be towed at the owners expense and an immediate fine of $500.00 will be imposed. If the, violation is repeated the vehicle will be towed immediately and a fine of $500.00 imposed for each violation thereafter. Attorney Baird asked if the damage to the sidewalk was done by the tractor, and if so is this a known fact. • CITY OF CLSRMONT MINUTES CODE ENFORCEMENT BOARD MEETING FEBRUARY 15, 1994 Page - 5 - Mr. Bowman stated that he did not personally see the tractor do the damage to the sidewalk. Attorney Baird stated that the portion of the recommendation which refers to repairing the sidewalk should be deleted from the recommendation. Attorney Baird stated that the City should send Mr. Fraser a letter in reference to the monetary damage done to the sidewalk alleging that he caused this damage and ask that he reimburse the City for the repair of the sidewalk. Chairman Whitehead asked if the tractor is presently parked at this address. Mr. Bowman explained that the semi-tractor is no longer at this address but .,has now been moved to another residential area within the City. Mr. Wood asked if, due to the fact that the tractor has been moved to another residential area, if the process would not have to begin again at the new location. Mr. Baird stated the defendant has only moved the violation from one site to another, he is still in violation, regardless of the location. Alien can be placed on both sites. A motion was made by Jon Fortier that the defendant be given until 5:00 p.m. February 16, 1994 to remove the semi-tractor. If said vehicle is not removed a 72 hour notice will be posted upon said vehicle. If the semi-tractor is not removed within 72 hours the vehicle will be towed at the owners expense and an immediate one of $500.00 will be imposed. If the violation is repeated the vehicle will be towed immediately and a fine of $500.00 imposed for each violation thereafter. Seconded by George Wood and approved by a unanimous vote. CASE NO. 94-06 Kenneth Hanoman 677 W. Highway 50 Clermont, FL 34711 LOCATION: 163 Pitt Street VIOLATION: City of Clermont Code of Ordinances, Chapter 26, Section 10 At this time Mr. Whitehead asked all those present who wished to speak in regard to this case to be sworn in. Mr. Ken Hanonian, defendant was sworn in. . . • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MEETING FEBRUARY 15, 1994 Page-6- Mr. Bowman informed the Board that the defendant has illegally converted the single family residence located at lb3 Pitt Street into a tri-plea. This violation has been cleared, however, staff recommends if this violation reoccurs that the defendant be fined $500.00 immediately and $500.00 per day the violation continues to exist. Mr. Hanoman stated that he was not aware that he had done anything wrong, as the home was like this when he purchased it, but he had no problem correcting the violation. A motion was made by Jon Fortier that if this violation reoccurs that the defendant be fined $500.00 immediately and $500.00 per day the violation continues to exist, seconded by Steve D'Amico, and approved by a unanimous vote. CASE NO. 94-07 Norman Ogg 1875 Settle Street Clermont, FL 34711 LOCATION: 1875 Settle Street VIOLATION: City of Clermont Code of Ordinances, Chapter 11A, Section 16 Mr. Bowman informed the Board that this violation has been cleared. A motion was made by Jon Fortier to dismiss this case, seconded by Steve D'Amico and approved by a unanimous vote. There being no further business the meeting was adjourned. ~ ~ - 7 Edward ehead, Chairman ATTEST: Mimi haw, Planning Technician