Code Enforcement Board

Transcription

1 Minutes for May 14, 2014 WELCOME LOCATION City Council Chambers 2 nd Floor, City Hall One City Commons 400 South Orange Avenue TIME 9:00 A.M. BOARD MEMBERS Jennifer Janette, Chairperson Mark Jansen Vice Chairperson Thomas Golay Joe Robertson Joseph Conover Juanita Riley Carolyn Salzmann John DiMasi, Board Attorney Jasmin Rodriguez Board Secretary Amanda Courtley We are very glad you have joined us for today s meeting. The Code Enforcement Board is a quasi-judicial forum which hears testimony, determines whether sufficient evidence exists to find property owners in violation of city codes, determines if any additional time is appropriate, and the fine that should be imposed for failing to comply with its orders. The Board is composed of citizen members who voluntarily and without compensation devote their time and talents. Any person desiring to appeal a recommended action of the Board should observe the notice regarding appeals below. GENERAL RULES OF ORDER The Board is pleased to hear all non-repetitive comments. If you wish to appear before the Board, you must fill out an Appearance Request/Lobbyist Registration Form and give it to the Recording Secretary. When the Recording Secretary recognizes you, state your name, address, and relationship to the property, and speak directly into the microphone. ROBERTS RULES OF ORDER govern the conduct of the meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Code Enforcement Board Recording Secretary at (407) at least 24 hours in advance of the meeting. APPEALS If you wish to appeal the ruling of the Code Enforcement Board, you must file your appeal with the Circuit Court within 30 days of the date of this hearing (Ch , Florida Statutes). Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made that includes the testimony and evidence upon which the appeal is made. Thank you for participating in your government and making Orlando truly The City Beautiful. OPENING SESSION Call to Order at 9:00 a.m. or as soon thereafter as possible Pledge of Allegiance Roll Call Consideration of April 9, 2014 Minutes Reports Page 1

2 STIPULATIONS IN COMPLIANCE BEFORE HEARING 1. CEB BTR 6825 VISITORS CIR BERNARD Ref ORL TEL LLC DISTRICT 6 2. CEB H 2330 VIRGINIA DR FILLINGIM Ref SCOTT D CORBIN DISTRICT 4 3. CEB Z 1421 W HARVARD ST QUIS Ref ALEJANDRO SUESCUN DISTRICT 3 MARY T RAULERSON 4. CEB H 4821 THORPE AVE QUIS Ref CENTRAL FLORIDA PROPERTY DISTRICT 3 CONSTRUCTION INC Citizen 5. CEB Z 4862 EDGEWATER DR QUIS Ref CENTRAL FLORIDA PROPERTY DISTRICT 3 CONSTRUCTION INC Citizen 6. CEB H 3194 SPLIT WILLOW DR 3196 DIDONATO Ref DIANE N SAMAROO DISTRICT 5 Citizen 7. CEB Z 4170 ROSE PETAL LN DIDONATO Ref DAVID SAMUEL BEACHAM JR DISTRICT 3 PATRICIA RUS BEACHAM Citizen 8. CEB BTR 1313 EDGEWATER DR FILLINGIM Ref ALLURE DANCE, INC DISTRICT 3 9. CEB BTR 2461 S HIAWASSEE RD LONGLEY Ref METRO WEST (E&A), LLC DISTRICT 6 & Hand Delivery 10. CEB Z 808 PALM DR FILLINGIM Ref KRISTIN M HOYLE DISTRICT 4 Citizen Page 2

3 11. CEB BTR 3212 CORNELL AVE BOOTH Ref ADVENTIST HEALTH DISTRICT 3 SYSTEM/SUNBELT, INC JOINT STIPULATION ADMINISTRATIVELY CLOSED CASES 1. CEB Z 2015 W PINE ST JOHNSON Ref MKVS INVESTMENTS GROUP INC DISTRICT 5 REGULAR AGENDA 1. CEB Z 4821 THORPE AVE QUIS Ref CENTRAL FLORIDA PROPERTY DISTRICT 3 CONSTRUCTION INC Respondent was notified by and the Respondent, Michael Leu, was in chambers. Officer Quinones representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Leu made a statement. Ms. Salzmann moved, and Mr. Golay seconded a motion to find the Respondent guilty of the violations as stated on the compliance schedule as submitted by Officer Quinones. The motion was carried by a unanimous voice vote. Ms. Salzmann moved, and Mr. Golay seconded a motion to give the Respondent 60 days or July 13, 2014 to bring the property into compliance or a penalty of $50 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure proceedings. The Board also motioned the Property Manager must notified the tenants of the life safety issues. The motion was carried by a unanimous voice vote. 2. CEB Z 4537 PRINCE HALL BLVD BERNARD Ref JEREMY KIM CHUNG YEUNG DISTRICT 6 & Posted Property TAI PO SHAN YEUNG Referral Respondent was notified by and Posted Property and the Respondent was not in chambers. Officer Bernard representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Mr. Golay seconded a motion to find the Respondent guilty of the violations as Page 3

4 stated on the compliance schedule as submitted by Officer Bernard. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Mr. Golay seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $50 per day will be imposed for each and every day of noncompliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure proceedings. The Board also motioned the Property Manager must notified the tenants of the life safety issues. The motion was carried by a unanimous voice vote. 3. CEB Z 6837 S KIRKMAN RD BERNARD Ref GROUP KIRKMAN LLC DISTRICT 6 Respondent was notified by and the Respondent, Mohammed Ahmad, was in chambers. Officer Bernard representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Ahmad made a statement. Ms. Salzmann over moved, and Mr. Jansen seconded a motion to find the Respondent guilty of the violations as stated on the compliance schedule as submitted by Officer Bernard. The motion was carried by a unanimous voice vote. Ms. Salzmann moved, and Mr. Golay seconded a motion to give the Respondent 30 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure proceedings. The Board also motioned the Property Manager must notified the tenants of the life safety issues. The motion was carried by a unanimous voice vote. 4. CEB BTR 5683 VINELAND RD BERNARD Ref VINELAND CYPRESS LLC DISTRICT 6 CASE WAS IN COMPLIANCE BEFORE HEARING 5. CEB BTR 4775 RALEIGH ST BERNARD Ref NAMS PROPERTIES LLC DISTRICT 5 Respondent was notified by and the Respondent was not in chambers. Officer Bernard representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Mr. Golay compliance schedule as submitted by Officer Bernard. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Mr. Golay seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure Page 4

5 6. CEB Z 1132 EDGEWATER CT FILLINGIM Ref GREGORY LEIBOWITZ DISTRICT 3 LARRY LEIBOWITZ Citizen Respondent was notified by and the Respondent was not in chambers. Officer Fillingim representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Golay moved, and Mr. Conover compliance schedule as submitted by Officer Fillingim. The motion was carried by a unanimous voice vote. Mr. Golay moved, and Mr. Conover seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $25 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure 7. CEB BTR 905 W COLONIAL DR FILLINGIM Ref HARRY H MORALL, III DISTRICT 3 Respondent was notified by and the Respondent was not in chambers. Officer Fillingim representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Golay moved, and Mr. Conover compliance schedule as submitted by Officer Fillingim. The motion was carried by a unanimous voice vote. Mr. Golay moved, and Mr. Conover seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure 8. CEB Z 1019 N FERN CREEK AVE FILLINGIM Ref ROY D CANADA DISTRICT 4 MARIAN A CANADA Respondent was notified by and the Respondent, Roy Canada, was in chambers. Officer Fillingim representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Canada made a statement. Mr. Robertson moved, and Ms. Salzmann seconded a motion to table the case for 30 days. The motion was carried by a unanimous voice vote. Page 5

6 9. CEB H 1221 GREENWOOD ST WELLS Ref JAMES R GROSS DISTRICT 4 Citizen Respondent was notified by and the Respondent was not in chambers. Officer Wells representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Mr. Golay compliance schedule as submitted by Officer Wells. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Mr. Golay seconded a motion to give the Respondent 30 days or June 13, 2014 to bring the property into compliance or a penalty of $50 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure 10. CEB H 500 S OSCEOLA AVE WELLS Ref PATRICIA ANN DYER SCHUBERT DISTRICT 4 Posted Property Citizen Respondent was notified by Posted Property and the Respondent, Patricia Dyer, was in chambers. Officer Wells representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Ms. Dyer made a statement. Ms. Salzmann moved, and Mr. Golay seconded a motion to find the Respondent guilty of the violations as stated on the compliance schedule as submitted by Officer Wells. The motion was carried by a unanimous voice vote. Ms. Salzmann moved, and Mr. Golay seconded a motion to give the Respondent 120 days or September 11, 2014 to bring the property into compliance or a penalty of $25 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure proceedings. The Board also motioned the Property Manager must notified the tenants of the life safety issues. The motion was carried by a unanimous voice vote. 11. CEB BTR 2461 S HIAWASSEE RD LONGLEY Ref METRO WEST (E&A), LLC DISTRICT 6 & Hand Delivery CASE WAS IN COMPLIANCE BEFORE HEARING 12. CEB Z 1131 S SEMORAN BLVD HAMILTON Ref UMK ENTERPRISE LLC DISTRICT 2 & Posted Property Referral Respondent was notified by & Posted Property and the Respondent was not in chambers. Officer Hamilton representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Golay Page 6

7 moved, and Mr. Conover seconded a motion to find the Respondent guilty of the violations as stated on the compliance schedule as submitted by Officer Hamilton. The motion was carried by a unanimous voice vote. Mr. Golay moved, and Mr. Conover seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure proceedings. The Board also motioned the Property Manager must notified the tenants of the life safety issues. The motion was carried by a unanimous voice vote. 13. CEB ONSS 637 S SEMORAN BLVD HAMILTON Ref ORLANDO DANUE, LLC DISTRICT 2 Respondent was notified by and the Respondent, Tarun Khurana, was in chambers. Officer Hamilton representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Khurana made a statement. Mr. Conover moved, and Mr. Jansen seconded a motion to find the Respondent guilty of the violations as stated on the compliance schedule as submitted by Officer Hamilton. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Mr. Robertson seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure proceedings. The Board also motioned the Property Manager must notified the tenants of the life safety issues. The motion was carried by a unanimous voice vote. 14. CEB ONSS 3922 E COLONIAL DR BACH Ref BAKER MARTHA W TR DISTRICT 2 BAKER MARTHA W, WILEY JAMES Respondent was notified by and the Respondent was not in chambers. Officer Bach representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Ms. Riley compliance schedule as submitted by Officer Bach. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Ms. Riley seconded a motion to give the Respondent 14 days or May 28, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure 15. CEB Z 3922 E COLONIAL DR BACH Ref BAKER MARTHA W TR DISTRICT 2 BAKER MARTHA W, WILEY JAMES Page 7

8 Respondent was notified by and the Respondent was not in chambers. Officer Bach representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Ms. Riley compliance schedule as submitted by Officer Bach. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Ms. Riley seconded a motion to give the Respondent 14 days or May 28, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure 16. CEB BTR 615 COMMONWEALTH AVE BACH Ref GUY L CLEMENT DISTRICT 2 Posted Property SUSAN T CLEMENT Respondent was notified by Posted and the Respondent was not in chambers. Officer Bach representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Golay moved, and Ms. Riley seconded a motion to find the Respondent guilty of the violations as stated on the compliance schedule as submitted by Officer Bach. The motion was carried by a unanimous voice vote. Mr. Golay moved, and Mr. Conover seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of noncompliance we authorize the City Attorney to begin lien and foreclosure proceedings. The Board also motioned the Property Manager must notified the tenants of the life safety issues. The motion was carried by a unanimous voice vote. 17. CEB BTR 2211 EDGEWATER DR BOOTH Ref PRINCETON CENTER, LLC DISTRICT 3 Respondent was notified by and the Respondent was not in chambers. Officer Booth representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Mr. Golay compliance schedule as submitted by Officer Booth. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Mr. Golay seconded a motion to give the Respondent 30 days or June 13, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure Page 8

9 18. CEB BTR 636 W YALE ST BOOTH Ref DONALD R WEST DISTRICT 3 Respondent was notified by and the Respondent was not in chambers. Officer Booth representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Ms. Riley compliance schedule as submitted by Officer Booth. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Mr. Golay seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure 19. CEB Z 3975 ROSE PETAL LN DIDONATO Ref MACEY WRIGHT DISTRICT 3 ERVING WRIGTH Citizen Respondent was notified by and the Respondent was not in chambers. Officer DiDonato representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Golay moved, and Mr. Conover compliance schedule as submitted by Officer DiDonato. The motion was carried by a unanimous voice vote. Mr. Golay moved, and Mr. Conover seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $50 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure 20. CEB BTR 1216 W WASHINGTON ST DIDONATO Ref WASHINGTON STREET LLC DISTRICT 5 Respondent was notified by and the Respondent was not in chambers. Officer DiDonato representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Mr. Conover moved, and Ms. Riley compliance schedule as submitted by Officer DiDonato. The motion was carried by a unanimous voice vote. Mr. Conover moved, and Mr. Golay seconded a motion to give the Respondent 7 days or May 21, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure Page 9

10 CASES TABLED FROM PREVIOUS MEETINGS 1. CEB COMM 310 S ORANGE BLOSSOM TRL 318 BERRIOS Ref NATHANIEL JENKINS DISTRICT 5 SALLIE S JENKINS Citizen Respondent was notified by and the Respondent was not in chambers. Supervisor Berrios representing the Division of Code Enforcement, having been sworn and whose qualifications are on file, made a statement. Ms. Riley moved, and Mr. Conover seconded a motion to find the Respondent guilty of the violations as stated on the compliance schedule as submitted by Supervisor Berrios. The motion was carried by a unanimous voice vote. Ms. Riley moved, and Mr. Golay seconded a motion to give the Respondent 30 days or June 13, 2014 to bring the property into compliance or a penalty of $100 per day will be imposed for each and every day of non-compliance. In the case of non-compliance we authorize the City Attorney to begin lien and foreclosure REQUESTS TO TABLE REQUEST FOR REDUCTION OF PENALTY 1. CEB COMM 2404 E ROBINSON ST WELLS Ref JOSEPHINE D HAMMOCK DISTRICT 4 Penalty Amount: $46,900 Respondent, Marty Beaman, was present in Chambers. Ms. Salzmann moved and Mr. Robertson seconded a motion to reduce the request for reduction of penalty for case CEB COMM from $46,900 to $4,690 if paid within 60 days or July 13, 2014 or the penalty reverts back to the original amount. The motion was carried by a unanimous voice vote. 2. CEB H 1134 GUERNSEY ST FILLINGIM Ref FEDERAL HOME LOAN DISTRICT 3 MORTGAGE CORP Penalty Amount: $86,400 CEB H 1134 GUERNSEY ST FILLINGIM Ref FEDERAL HOME LOAN DISTRICT 3 MORTGAGE CORP Penalty Amount: $63,550 Page 10

11 CEB POOL 1134 GUERNSEY ST FILLINGIM Ref FEDERAL HOME LOAN DISTRICT 3 MORTGAGE CORP Penalty Amount: $63,150 Respondent, Cynthia Brads, was present in Chambers. Mr. Conover moved and Mr. Robertson seconded a motion to deny the request for reduction for case CEB H, CEB H and CEB POOL. The motion was carried by a unanimous voice vote. 3. CEB Z 30 E LIVINGSTON ST BOOTH Ref ORANGE DEVELOPMENT GROUP, LLC DISTRICT 5 Penalty Amount: $47,400 CEB COMM 30 E LIVINGSTON ST BOOTH Ref ORANGE DEVELOPMENT GROUP, LLC DISTRICT 5 Penalty Amount: $2,500 THIS CASE HAS BEEN TABLE FOR 30 DAYS 4. CEB Z 5115 ROSE BAY DR AVILES Ref DEUTSCHE BANK TRUST DISTRICT 3 Penalty Amount: $15,350 Respondent, Eddie Bean, was present in Chambers. Mr. Jansen moved and Ms. Salzmann seconded a motion to reduce the request for reduction of penalty for case CEB Z from $15,350 to $1,535 if paid within 30 days or June 13, 2014 or the penalty reverts back to the original amount. The motion was carried by a 5-2 voice vote. 5. CEB Z 450 OBISPO AVE GARCIA Ref ISIDRO REYES DISTRICT 2 LUISA REYES Penalty Amount: $24,550 Respondent, Isidro Reyes, was present in Chambers. Mr. Robertson moved and Ms. Salzmann seconded a motion to reduce the request for reduction of penalty for case CEB Z from $24,550 to $2,455 if paid within 30 days or June 13, 2014 or the penalty reverts back to the original amount. The motion was carried by a 4-3 voice vote. 6. CEB ONSS 6314 INTERNATIONAL DR BERNARD Ref R E DOWDY #7, LLC DISTRICT 6 Penalty Amount: $6,600 Respondent, Ronald Dowdy, Jr., Ronald Dowdy, Sr. and Mikel Carpenter, were present in Chambers. Mr. Robertson moved and Mr. Jansen seconded a motion to reduce the Page 11

12 request for reduction of penalty for case CEB ONSS from $6,600 to $660 if paid within 30 days or June 13, 2014 or the penalty reverts back to the original amount. The motion was carried by a unanimous voice vote. 7. CEB Z 1815 CANTON ST JOHNSON Ref CANTON TRUST DISTRICT 4 MARK MURPHY, TRUSTEE Penalty Amount: $14,600 Respondent was not present in Chambers. Mr. Conover moved and Mr. Golay seconded a motion to reduce the request for reduction of penalty for case CEB Z from $14,600 to $1,460 if paid within 30 days or June 13, 2014 or the penalty reverts back to the original amount. The motion was carried by a unanimous voice vote. APPEALS REQUEST FOR EXTENSION 1. CEB Z 509 E CHURCH ST RHODES Ref EVANS ROBERT F JR DISTRICT 4 Compliance Date: June 9, 2014 Respondent, Solange Dao and Robert Evans, Jr., was present in Chambers. Mr. Golay moved and Mr. Robertson seconded a motion to approve the request for extension for case CEB Z for 90 days from the original compliance date or September 8, The motion was carried by a 3-1 voice vote. REQUEST FOR REHEARING OLD OR UNFINISHED BUSINESS 1. CEB Z 2351 S FERN CREEK AVE RHODES Ref JOY METROPOLITAN DISTRICT 4 COMMUNITY CHURCH Compliance Date: May 13, 2014 Respondent, Lane Blackwell and David Hack, were present in Chambers. Mr. Conover moved and Ms. Riley seconded a motion to deny the request for rehearing for case CEB Z. The motion was carried by a unanimous voice vote. Page 12

13 COMPLIANCE HEARING NEW BUSINESS: NEXT MEETING DATE: June 11, 9:00 a.m. ADJOURNMENT: 11:50am Page 13