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08-16-1994 Regular Meeting• CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MEETING AUGUST 16, 1994 The regular scheduled meeting of the Code Enforcement Board was called to order on August 16, 1994 at 7:38 p.m. Members attending were Edward Whitehead, Donald Bums, Jon Fortier and George Wood. Members Martin Wright and Steve D'Amico were absent. Also attending were Leonard Baird, City Attorney, Kenneth Elswick, Code Enforcement Officer, Lanny Harker, Director of Planning and Mimi Shaw, Code Enforcement Clerk. MINUTES of the meeting held February 15, 1994 were approved as presented. CASE NO. 94-09 Kimberly Smith P.O. Box 1563 Minneola, FL 34755 LOCATION: 521 Fourth Street Mr. Harker stated that the defendant is in violation of the Standard Housing Code, Chapter 3, Section 309.1 -Dangerous Structures, which states: Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be designated and placarded by the Housing Official: One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin- infested that it creates a serious hazard to the health or safety of the occupants or the public. At this time Mr. Whitehead asked all those present who wished to speak in regard to this case to be sworn in. The following persons were sworn in: Dennis Cahill of 537 Fourth Street, Clermont, Florida John DuBose, Jr., Attorney for Ms. Smith, of 315 East Robinson Street, Orlando, Florida. Mr. DuBose, explained that he was retained by Ms. Smith a couple of months ago to represent her interest in a matter which arose out of an insurance problem that she has had with Allstate in regard to this property. Allstate has denied coverage for reasons which we feel are unsubstantiated. An action has been filed against Allstate seeking damages, principally the coverage that Ms. Smith is due under her insurance policy. We believe this is an action that will proceed fairly quickly to a resolution. Ms. Smith is out of the country and has now asked that I represent her to this Board in her absence. • • CITY OF t'r_FUMONT MINUTES CODE ENFORCEMENT BOARD MEETING AUGUST 16, 1994 Page-2- Mr. DuBose further stated that he has examined the property and is in the process of ascertaining what can be done in the absence of the insurance company fulfilling there responsibility. Arrangements have been made for the yard to mowed this week and that problem will be remedied. As far as the house is concerned, we are attempting to get bids and quotes to take care of this situation. Mr. Fortier asked Mr. DuBose how long he expected the litigation with the insurance company to take. Mr. DuBose stated that the litigations could take some time. However, as stated earlier we are trying to make arrangement, to raise the house if that is what needs to occur, even in the absence of a resolution to the lawsuit. Mr. Wood again asked Mr. DuBose what sort of timeframe did he anticipate. Mr. DuBose stated that he could not give a timeframe. He then requested a thirty day extension to be able to find out what can be done with the situation. Attorney Baird asked Mr. DuBose if he was in a position to tell the Board that Ms. Smith would be willing to go ahead and demolish the building before the litigation with Allstate is completed. Mr. DuBose stated that would be his recommendation to Ms. Smith, after having seen the property. Mr. Dennis Cahill, adjoining property owner, stated that his house is presently for sale. The dilapidated condition of this house is hindering the sale of his. Mr. Harker stated that the Staff recommends that the defendant be given until August 30, 1994 (14 days) to provide the City Manager with a copy of a valid contract, from a licensed contractor, detailing the work to be performed in order to bring the site into compliance, with a date specified for completion, or a copy of a valid contract from a .licensed contractor for demolition of the structure. Mr. DuBose stated that he had no problem with this recommendation, however, he would request an additional fourteen days to accomplish this. A motion was made by Jon Fortier that the defendant be given until August 30, 1994 (14 days) to provide the City Manager with a copy of a valid contract, from a licensed contractor, detailing the work to be performed in order to bring the site into compliance, with a date specified for completion, or a copy of a valid contract from a licensed contractor for demolition of the structure, as recommended by Staff, seconded by Don Bums, and approved by a unanimous vote. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MEETING AUGUST 16, 1994 Page-3- CASE NO. 94-10 Gerald Jones 611 West Highway 50 Clermont, FL 34711 LOCATION: 611 West Highway 50 Mr. Harker stated that the defendant is in violation of Conditional Use Permit, granted as Resolution No. 615, Condition #5, which states: The property descn'bed as City Block 72 Lots 1 and 2 may be used only as a service station. No other business operation may be conducted from this facility. This Conditional Use Permit is not transferable to any other business use, person or corporation. Mr. Harker stated that the actual violation is sale of cars that is presently taking place, and which is not a part of the approved CUP for this site. Staff recommends the defendant be directed to discontinue use of the property as a car sales facility and remove all vehicles designated as "for sale" from the property within ten (10) days from the actions of the Code Board. If this violation has not been cleared by this date, the defendant be fined $250.00 per day the violation continues to exist. At this time Mr. Whitehead asked all those present who wished to speak in regard to this case to be sworn in. Persons sworn in were Mr. Gerald Jones, defendant, of 611 West Highway 50, Clermont, Florida. Mr. Jones, asked the Board for a continuance in this matter as he intends to apply for an amendment to his CUP to allow the car sales. Mr. Fortier asked Mr. Jones if he had started this process as of yet. Mr. Jones stated that he was just informed by his attorney that this is what he should do. Mr. Fortier asked Mr. Jones if he is selling cars on the premises. Mr. Jones stated that he is not doing anything different on the property now than what he has been doing for the past twenty (20) years. Attorney Baird suggested that the defendants CUP does not presently allow the sale of cars. One or two vehicles parked on the premises with small for sale signs on them, for the convenience of the customers is not a problem, but four or five cars for sale with CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MEETING AUGUST 16, 1994 Page-4- large signs on them creates a problem. The defendant does no longer have a service station as the Citys ordinances refers to it, which is what his CUP is for. Hence, the CUP needs to be amended to provide for complete automotive repair. The Board should allow the defendant the time to amend the CUP, however, the Board should direct the defendant to quit selling the cars as he is doing them now. After further discussion, a motion was made by Jon Fortier that the defendant be given a 90 day continuance to allow sufficient time for application to be made for an amendment to the existing Conditional Use Permit, seconded by Don Burris and approved by a unanimous vote. CASE NO. 94-14 Dee Dee Marker P.O. Box 120188 Clermont, FL 34712 LOCATION: 234 Orange Avenue Mr. Harker stated that the defendant is in violation of the City of Clermont Code of Ordinances Sec. 19-34, which requires all houses to be numbered and Section 26-10, which requires a building permit for all development prior to initiating development activity. Mr. Harker noted that the defendant has previously informed the Code Enforcement Officer that these violations would be taken care of, however, as of this date there are still no house numbers on the dwelling and no permit has been obtained for the fence the defendant erected. Staff recommends that the defendant be given until Friday, August 19, 1994 to obtain a building permit for the fence, which has already been erected, as required by City Code Section 26-10 and house numbers be affixed to the residence as required by City Code Section 19-34. If these violations have not been cleared by this date, the defendant be fined $250.00 per day the violation continues to exist. A motion was made by George Wood that the defendant be given until Friday, August 19, 1994 to obtain a building permit for the fence, which has already been erected, as required by City Code Section 26-10 and house numbers be affixed to the residence as required by City Code Section 19-34. If these violations have not been cleared by this date, the defendant be fined $250.00 per day the violation continues to exist, as recommended by Staff, seconded by Jon Fortier and approved by a unanimous vote. r~ CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MEETING AUGUST 16, 1994 Page-S- CASE NO. 94-15 Sidi Jouani Clermont Chevron 997 West Highway 50 Clermont, FL 34711 LOCATION: 997 West Highway 50 Mr. Harker stated that the defendant is in violation of Conditional Use Permit granted February 27, 1990 as Resolution #658 -Condition number 4 -which states in part "All applicable rules and regulations shall be met..." and City of Clermont Code of Ordinances, Chapter 26, Article XXI (8} which states "All uses must be conducted within a completely enclosed building, except for outdoor storage, which must be screened from a public street and adjacent property." Staff recommends that the defendant be given until Friday, August 19, 1994 at 5:00 p.m. to remove any and all tires being stored permanently outside the business. If these violations have not been cleared by this date, the defendant be fined $250.00 per day the violation continues to exist. A motion was made by George Wood that the defendant be given until Friday, August 19, 1994 at 5:00 p.m. to remove any and all tires being stored permanently outside the business. If these violations have not been cleared by this date, the defendant be fined $250.00 per day the violation continues to exist, as recommended by Staff, seconded by Jon Fortier and approved by a unanimous vote. There being no further business the meeting was adjourned. r Edward ' ehead, Chairman ATTEST: Mi Shaw, Planning echnician