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HomeMy WebLinkAbout2000 04 24 Regular C Satisfaction of Code Enforcement Lien COMMISSION AGENDA ITEM C Consent Informational Pu blic Hearing Regular X April24~ 2000 Meeting ;?------- /I Mgr. / )LDept. Authorization REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission consider the request of Mr. Walt Dittmer for satisfaction of the Code Enforcement lien against his property. PURPOSE: The purpose of this agenda item is to request the Commission consid~r the request of Mr. Walt Dittmer for satisfaction of a Code Enforcement lien against his property. APPLICABLE LAW AND PUBLIC POLICY: Under Florida Statutes Chapter 162, Code Enforcement Board fines shall become liens on the property on which the violation exists. Under this statute, the lien must run in favor of the local governing body and therefore may only be reduced or satisfied by them. CONSIDERATIONS: On April 20, 1999 the Code Enforcement Board ordered that Mr. Dittmer mow and regularly maintain 35' from the property line. A letter was sent to the chairman of the Code Enforcement Board by Mr. Dittmer advising her that the area was mowed on May 15 and 16, 1999. Inspection of the area revealed that although some of the property was mowed, the Order of the Board was not complied with in regard to the 35' buffer. Mr. Dittmer was notified of this discrepancy. This Division further instructed Mr. Dittmer on August 4, 1999 that compliance had still not been achieved, that the fine had become a lien against the property, and the procedures for correcting the situation. The letter stressed that when the property was brought into compliance APRIL 24, 2000 REGULAR AGENDA ITEM C Page 2 an inspection must be requested in order to halt the fine from accruing. Mr. Dittmer replied on August 6, 1999 saying that his contractor only cut 90% of the area and that the area would be maintained. No further correspondence was received from Mr. Dittmer until the case was rescheduled for the Code Enforcement Board on March 21, 2000 to request a recommendation for foreclosure or recommendation for reduction /satisfaction of lien. The matter was brought before the Code Enforcement Board on March 21, 2000. The Code Enforcement Board could not make a decision for a recommendation to the City Commission as to amount of reduction, but did suggest that Mr. Dittmer ask the City Commission to reduce or satisfy the lien. STAFF RECOMMENDATION: Staff recommends that the City Commission reduce the lien to an amount that reflects the cost of prosecuting the case, recording the lien and a fine of$l,OOO.OO, for a total of$1,050.00. ATTACHMENTS: A. Section 13-1, City Code B. Order of the Code Enforcement Board, April 26, 1999 C. Letter to chairman from Mr. Dittmer, May 25, 1999 D. Letter to Mr. Dittmer from Code Enforcement Division, August 4, 1999 E. Letter to Code Enforcement Division from Mr. Dittmer, August 6, 1999 COMMISSION ACTION: ATTACHMENT A i,l U ' j 5, ~ 0 n n i: 3 0 P :,j ~, i 0 ;-: UIS_"'""Cl: S lillTlCLE 1. IN GENERAL Sec. 13-1. ~neral prohibition. Nothing may be done on any lot which may become an annoyance or nuisance to the neigh- borhood. No refuse pile or unsightly objects shall be allowed to be plated or suffered to remain . thereon. In the event,the owner shall fail or refuse to keep premises free of refuse piles or other un- sightly objects or growths, then the city commis. sian may enter upon such land and remove the same at the expense of the owner and such entry shal~ not be deemed a trespass. (Ord. 'No. 44, ~ 44.76, 1-8-68) Sec. 13-2. Littering. .,.. '. (a). It shall be unlawful for any person to place or throw, or cause to be placed or thrown, any paper, bottles or pieces thereot, tin cans, gcubage, glassware, refuse, debris or any other offensive, unwholesome or unsightly matter whatever in or on any street, road, sidewalk, alley. playground, vacant property or any other p\lblic grounds, or in or on the bank of any canal, stream, lake, watercourse or pool within the city. (b) It shall be unlawi"ul for any person to cause or permit junk, scrap metal, scrap lumber, waste- paper products, discarded building materials, or any \mused abandoned.:vehic1e, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented. leased or otherwise occupied by him in the city unless in connection with a business en- terprise lawfully sil:wl.teO. and licensed for the same. , (c) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may threaten, or endanger the public health, safety. or welfare, or may rea- sonably cause disease, is hereby prohibited and declared to be a public nuisance and unlawful. (dl It sh311 be the duty of the owner of each lot, Lead, or parcel of land within the city to reason. S'JI' p, t.;,), ~ 1-10,0680 lJ-26 2bly regulate and effectively control exces~ive gro'mhs 2nd accumulations, as enumerated in sub- section (c) on the property. ' It shall also be the duty of the ovmer to drain , regrade or fill any lot, tract, or parcel, including. swimming pools thereon. which shall be dangerous or unsanitary, have stagnant water thereon, or be in such other condition as to be susceptible to pro- ducing disease o'r danger to the public. (Code 1974, 9 7-1: Ord. No. 464, 9 I, 2-12-90) Sec. 13-3. Duty of owners of buildings to keep surrounding property clean; notice; fallure to comply with notice. (a) All land w,ithin a three-hundred-foot radius of any dwelling or 'other building. within the city shall be kept in a clean and trim condition by the owner of the property. (b) If the owner of any property fails to comply with the conditions of this. section, he shall be notified by the city of the violation and be al- lowed fifteen (15) days to comply. (c) If. after the fifteen-day period provided for in subsection (b), the owner has not cleaned the property in accorlhnce with this section, the city shall have the right and authority to enter upon the property in question, clear the land according to the requirements of this section and charge the owner for the cost thereof. (Code 1974, ~ 7-2) Sees. 134-13.25. Reserved. ARTICLE II. NOISE Sec. 13-26. Prohibited generally. It shall be unlawful for any person to make. create, or maintain any unreasonably loud. dis. turbing, and unnecessary noise within the city. Noise of such character, iutensity, or duration as to be detrimental to the life, health, comfort, or repose of any individual is prohibited. (Code 1974. ~ 9.1~(a)) /9.3 ATTACHMENT B '-l1\~ ~_f /----~', S O-~--'-'" _'~ t/ ':"'~''''."\-r;....._~..... \i. :...1 (. " \ G) l?\ "~~'~'--l, ;~ \ It.....,.q.........t~1.\. :, \. t..,:;4 \_..~., ~ . .............. --//" "<.:.~R\ or>- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 99-290 CERTIFIED: Z 515034066 OWNER: Walt Dittmer Undeveloped Area off Shepard Road Winter Springs, Florida 32708 The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on April 20, 1999 in the matter of Walt Dittmer to determine whether he is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs, Florida, Upon hearing all evidence on the matter, the Board arrived at the following: (AMENDED) FINDING OF FACT: [n the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector, and other parties involved in this case. Based upon these proceedings, [ move that Mr. Walt Dittmer and his (Undeveloped Area off Shepard Road), is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting. Walt Dittmer is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs, (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: [n the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, Mr. Walt Dittmer having been found ~o be in violation of Section 13-2. [Overgrowth] of the Code of this City, I move that Mr. Walt Dittmer be given fourteen (14) days, after notification, to come into compliance by mowing a thirty-five (35) foot buffe.- zone, from the property line, in rega.-d to this violation. If compliance is not achieved by this date, a fine of $100.00 per day (minimum) will be imposed until compliance is achieved, as verified by an officer of the City. Furthermore, any and all future reoccurrence of this violation after compliance has been achieved, will immediately cause the stated fine to be imposed, until compliance is again achieved, as verified by an officer of the City, Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement proccdures to be institutcd to accomplish this Ordcr. ,.; . This (/\ &.l day of April, 1999. /:] ~~ '" " '" ' ''c::2------- ....----,'+f'tL~ -- /lJoanllc Krebs, Chairpcrson c:/' Codc Enforcemcnt l10ard ' City of Winter Springs 1)( )( :S/h"a,.ds/c, "ken ro/a II IIn:1 icl<Ir/04 20'!')/'!') -l')(),dnc ATTACHMENT C .. . , " .' ..' , ::,> : \.',:C/'i' ...,' . ". ... :.:.:,'. " ~:.. .....;. : . M!?J.oa~ne.Kre~s. " CqdeEn~orcet1'!~,nt Board . City of Wi riter Springs , 112E),Ea~~Sta~e Road.434 ' , . ,Winter. Spring.s, FL 32708 ... ... .. , .. ..,.."",. .~ ". - ............. .....~T..:....~~;~;~.~I~I;,::~,~\l , . -MAY' '2' S"1999""'" ".'" -... , . ," :,'.. ':" ::".' ':';::~;:':':':,':"" <:; ;:~::.'/:':.::.:~~::~~/;~}~~:'F':~:;~;:.{,:::\;:>\ '. " .' h. . 9ITYOfWWTER'sP ...."...c.;-;.., "'__' .. ......i .. . .. ....~d?,2~jf 0G61;;:~'\. , ,':, "..,;. :' ::\:;}';L. .i~.'.:::~1~:;,\'.':::.::., .:"'': "'~r."" ., . 1:. :',;~"'. ': ..... ~ ~:. . ,.' . ..' :'. ..' , ..:., . '. " '; ,...;'::.{.:;;::,:::2:::./~.:' ;'" ~,..' ., ...\<~;(~,/'>'. ; RE: CaseNumber99':290 .. "".. . . :.' :. .' . .....:: ..: ~: .':: ".: . .. . . :':. ..... ::.,\::~:~.~,;: '..; .:. ." ,=,' Dear Ms. Krebs: , . Fleasebe advised that on the weekend of May 15 and 16, ourprC?perty wa~"" br?~ght i~dompliancewiththe orderto mow'a thirty~fivefoot buffer zone" from the property line. , Verytrulyyours, . . ~ " , rJr- Mr. WaltDittmer , President 1006 Shepard Road 407-699-1755 FAX 407-695-4430 Winter Springs, FL 32708 dittmer@ditt-deck.com ATTACHMENT D f"l,: r . : ~:. "- i) iJ:; !: 0) I r' f, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST ST ATE ROAD 434 WINTER SPRINGS. FLORIDA 3270a~279g TslsphofHl (407) 327-1800 ~:l ::~ .~:':) ::~~..t~~-~ :~::.~,,~~ ': :..~.< ';~~'.:. Fl'lX (407)327.6696 August 4, 1999 Walt Dlllmer 1006 Shopard Road Winter Springs, Fl. 32108 Dear Mr. Dltuner, IV 0 ' I) 0 I} IJ InspeClions of your property that borders Ule Wildwood Subdivision along Shopard Road reveal Umllhe Order of the Code Enforcement Board of April 20, 1999 hns not been satisfied. As YOll know, the Board directed you to mow R 35 feel buffer zone. A lien has been placed on the property Rnd continues to increase al a rate of Sloo.00 R day until the area is mowed and this office nOlified. I do not have the authority to release this lien, as the lien run8 in favor of the local governing body. (In this case, the Oly Commission). Appeols to the Board's decision are made to the Circuit Court of Appellls, but must be made within 30 days of the hearing. Please contact this office to armnge for nn inspection when the work is completed so that we can stop Ihe fine from accruing further. ' Sin~ 11melte Cook, Code Enforcement Manager RECEIVED AUG ~ SJ ~I r'IAP-15-,'2088 1.'2: .n 3'3>: 5 1999 r, I. P,1."2 ATTACHMENT E r1 U dittrnPi \::7 ARCHITECTURAL ALUMINUM August 06, 1999 C. Jimette Cook City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 RE: Case CEB-99-290, Undeveloped area off Shepard Road Dear Ms. Cook: In receipt of your letter dated August 4, 1999, allow me to reconstruct: You and I met at 1 :30 P.M. April 14, 1999; and agreed on cutting a swath of30' to 35' from the rear ofthe Wildwood homes approximately four times a year. I directed Scott Hoekstra, who has been cutting my grass here at my business for approximately five years to cut the swath. On or about May 15, 1999, he cut, but not to the extent we wanted. I redirected him via a fax dated June 11, 1999 to cut and he did cut on June 27th. I checked it out the following week and found it to be just fme. Ifhe did not cut the entire berm - he cut 90% of It. He did not cut down into the water for obvious reasons. Jirnette, I am sorry for any concern I may have caused any of you; but I do resent the threats of fmes and liens on my property. Please relax knowing we intend to cut this swath approximately every two months. Very truly yours, ~~. Walt Dittmer, Jr. WDJR/zag Enclosure: Plot plan dated August 06, 1999 Fax to Scott Hoekstra dated June II, 1999 (695.3041) 1006 SHEPARD I<OAD \NIN1II< srr21NGS, FlORIDA J?70(3-2018 r>I-IOI\JI": 110/.69<) 1/55 . 1/1)( I]O/69S,I1L130 TOil 100121'+ nOOJ\22 1755 WVv'W,dill-deck,com diltmer@dill-deckcom ~;:-;.'~ .. . Dittmer Properties, Inc. 'ApriI14,200b : ..... ,; .,' , Ms.:C.Jimette CO'ok, Code Inspector, "City of vvinJerSprings, FL ". ',' .1-126 ~ast ~t.ate Road 434 ' Winter Springs, FL : 32708-2799 " . : ;" .' RE: Case Number CEB~99-290 .- . " ;, , '. "c~: At'a.City COffirr'ission meeting held on April.10,'20000~r:.ccise'w9s scheduled to ,beh~,ard. Howeve~"when our case hqd noJ peEmhearo: bY,the.eleven'.o'c1ock ' break" vie asked'the city manager, Mr. ~on M~Le,mote~ to r.escheduleus for' the next commission meeting to, be held on April24,:2000"'Wehci~e a copy' of the, .' , document~hich was prepared by your departrnentJ9r this m,eeti,ng: '~eC;9us,e of, th~ items, set forth below, we are resp,ectfl,Jlly 'r~questing that you, reconsider your recornmendation for q fine of $1 ,000 to satisfy' th~IIEm thClt 'exists on our' ' .' p~operty.; ,we.' have repeatedly tried to bring and keep this grass mowing into 'cornPlIanc~. We apparently had some misunderstandings early on, but we think , we now understand ~hat is required and intend to do 'this in the future. . ~ t.,:. , . , . ..' " " ' Upon.reviewirig our file, it appears we didnbtreceive a copy ,of the June 28, , , .~ 1999 ORDER IMpOSING PENALTY /UEN until March ,9, 2000. We received it withd" ,. . ~ , . . , . , . '.'Notice pt'Heaiing for March2l, 2000-t.o "recommend for.eclos0re,.on:code, ,'..' ,enforcement lien f1! :.What 'a shock: )t appear~ that Yv'e. did 'receive your August' 4 " . letter which referred ,~o a lien; which we' ons.wered on Augu?l6,: i!lc9irectly " '., ,', a~~umi~g that' this wO'uld take care of the m.atter:. ' , .' '..' .',',' ". ,'.' -, ".'. ..' , . .' - ,,", , ' ::".~'.,.~ "-,'. -.\,' " - ..~.. ... ,'. ......~ .:'.~::..'.\ ,', . . . . ~ ." . h.. .'. .'. ,.., Iq;6~~~P~;j;~~d:.. '.' .'. '. . ., .. .,.......t. .,,;",,:,':Av.;!jr.g~~if~;;~;:~~~~,~L~ ~i: ......' ":'.-:,4-07':'6~i~i-r7.55,. -' ,.:'...,,' FAX 4-07.-695-44.30 ',. .,:','~~~'.>., :?\:'dittmer.~ditt-<;i~ckC:qm-"~.C~:~c. :.:,;":,;<,~.,,.,_,.:.~>::?:.:;,~:...,.,:._.::._:;..,<-'-'>' ':~ " _.' . '. ',' . ,<>:.(',-'_'- .'. I r,Ii},' J<~~\i~~~:~;,W~~ ;~}{, ' ,~: '; ,. ." ";", ( ; ";>..;;2~'.: .,;;,::;;:;. ~\,<','::'::~ :~}';.~":' '~;';;::~{'JB;:?HC~<, It oppea'rs that 'on' March 2, 1999. Walt call~d Vivian atthe city, nail and t91d her '. we had cut the grass after we were notified oUhe violation. o.n April 6, 1999, we -received a Notice.of Code Violation statir)g tha.t an inspection of March 29 noted the same violations. On April 9; Walt calle~ you and arran.ged a meeting on the property for'ApriI14. At that,meetingw~agreed to ~ut the area as you, ':requested., On April 20, we faxed a ~op'f'of,a plot pla~ tOo~r'lawn carepeopl~, . 'to.mow t~e area as we had'agreed. On April2Q; t~ere.'was 6rd~r issued by the Code',Enforcement Board that states that ~'Mf:,Walt DittrY1er. b~ given'fburteen'_, . ," , " . .' . . :.,.,:: ". .... ',' 4 .., ".'.1 .... .: " . ". ....::. " ' .';~' -', ~, '.:' ...,....'.' <#.~~,.. .~ t;...... .. Dittmer Properties) Inc. . \." . ' . " , (14) days. after notification, to <:ome into compliance by mowiD9 a thirty-fiv.e " (35) foot buffer zone'~ dated April 26. 1999. which we received in ourbffice:b~ .' May 3. 1999.- We assumed the 14 days would. be up on May 17. On May 15: ~ Scott Hoekstra 'cut. the berm. Or) May 25; we sent a letter to Ms. 'Joanne Krebs 0(: " theC~de Entorcement Board informirlgher that this had beenacco~'plish~d.", ' On revi~wing the ORDER IMPOSING PENALTY (LIEN which_w'e re'ceived Mar~h9, it appears, that several (jates are incorrect. The first line stcites:this c6us~ ca~. ' ,before the Code Enforcement Board on'April1,9,1999, but theORDE'R,OF THE" CODE ENFORCEMENT BOARD states thehearing was Ory'Apri(20: .1'999, The' . ' ORDER:IMPOSING LIEN ,states that an Affidavit of Non-Complfa'nce b~~ring the' ddte of May 5,1999 had been filed with the Board. Accordin~itoJhe dates i!l' , the. ORDER, OF THE CODE ENFORCEMENT, we had until May'17 to'brih~, our: ': " property into. compliance', In the next parograph, it states that Respongent-did I, not comply with Order dated May 4, 19'99. What order was that? ,., - J .~ , ,'.. ' Meanwhile,the.area in questi<)n was mowed again in June'af'Jd October, 1,999., , Also the entire area in qwestiori is uilc;:ler a Floridq Power easement. Florida" ~ Power cleared the entire area a couple of months ago:'lt is our intention to ' keep this mea mowed 3 to 4 times per year. , ~ . .' .. . , ' We sincereiy'.oppreciqte any efforts you can make on our behalf. to reduce 9r , 'vyaive any fine in this case. Please acknowledge that we are on the agenda for' . .', :. the April 24'meeting and"fax us a copy of YQur recommendations wh.en they are " , '": ,"::~' ,...' . ,', .preparec;L Th;ar')k you. . ,_ ' ".., . " ".' .,:' c. ':. -; .... , ;, :V eryfruly yo~rs: " . , y;;rvdbJt ;J~ .. Martha Dittmer . Office Manager '. . . . ~.} , '~.. '" " , ; I, . .' . ',' '. .: ':... ~ , . , .' . . -~. ....~ "'( ':':.:, ":':-" -....~,... "I ........;.~\:.:~:::~'.~~:,...\.: . '.. . " ~.., I:' . . .'... .: .','.:, '..' .~.'. . . ~ ;.. . .-....... . ......: "'j :.:.":: ~~~.:~.(.:~\. .,;::: ,,~:,,;~:~,~,,'::'.,.:'::, ~:'\"'~'\.~ :.::~~: " ' , .;,,'" t ' .',., ~,:' <" '. ',~'.,/ ~.'. ' :>:'/:'~~';'L~;'>.)j '. .;,', ....':,:10, 06:5. h.e".pa'r'd'" Ro"ad' '... :', "" W," ','n:' 'te: r"<S"'p-"r{~g' 's'>'FL":::~3,2i7,Otff{f.r~~.:::~ill:. ~. .. .' '" " .... -':".' ;'. .........~ -~~.. .'.....:....\..,f.;.::...:.":\.:';,,-:.~.:-::..:.t~~..; ,:'" ',407-699~1755 :.', .' FAX 407-695-443'0:, <'~" '-......::~<'.,:-:'.dittmet-@ditt7deck~cqrrF:,'~I:"::;S~:::.~ : .. - . '.... .~'. '... ,,": - '. . .,.., ,.. .:. <', "\;,', ~': ' ' .;, . ~ .',." ',:,' ..:;~",,'..,.,i~:,:,: .",::.:.J.,~,.~&,:.:,',...:.'_J~~,:.~~.:,',:,:,'t,.,r '^t;t.:.":,.:,:,'~,:.".'",~,,,. ',' :c,,:...,::,',:~:l~~~&'iX::~}.:I; " · ~:::.j~:;rL~~.-:",~:~~::~)~':~J:~.;>~~<:5:;~>~d:,a~~:.2: ..... ..' .., n y~~'" ..laW_," ~ -"'~ ~ . ~i ~r;--r- W~ \~ Or- 4-fd.-4{ U) Dittmer Properties,. Inc. April 24, 2000 ~CQ)[JJ)W City Commissioner City ,of Winter Springs, FL 1126 East State Road 434 Winter Springs, FL 32708-2799 RECEIVED APR 2 4 2000. RE: Case Number CEB-99-290 , City Commission Special Meeting April 24" ~ooo CIIY OF VII OFFICE OF ~~TEECRSPR'NGS ' ITy CLERK Dear Commissioner: We are on the agenda for this meeting to request a satisfaction of the ,lien which has been placed on our 50 acres of, undeveloped property on Shepard Road by the Code Enforcement Board. Because of the items set forth below, we ,are respectfully, requesting that you impose no fine and file a satisfaction of lien as ,requested. We have repeatedly tried to bring and keep this grass mowing into compliance. We apparently had some misunderstanding with Jimette Cook, th.e code inspector, about the actual area to be mowed, but we feel, this has been resolved. Upon reviewing, our file, 'it appears we did not receive a copy of the June 28, 1999 ORDER 'IMPOSING PENAllY/LIEN until 'March 9~ 2000.Werec~iveditwith' a Notice of Hearing by the Code Enforcement Board, for March 21, 2000 to "recommend foreclosure on code enforcement' liennl' What a shock. It appears that we did receive Jimette Cook's letter of, August 4 which referred to a lien, which we answered on August 6, incorrectly assuming that this would take care of the matter. ' To reconstruct: on March 2, 1999, I called Vivian at the city hall, and told her we had cut the grass after we were notified of the violation. 'On April, 6, 1999, V{e received a Notice of Code Violation stating that an inspection of March 29 'noted the same violations. On April 9, I called Jimette and arranged a meeting on the property for April 14. At that meeting we agreed to cut the area' as she . requested. On April 20, we faxed a copy of a plot plan to our lawn' care people , ' 1006 Shepard Road 4-07 -699-17 55 FAX 407-695-4430 Winter Springs, FL 32708 dittmer@ditt-deck.com ~ Dittmer Properties, Inc. to mow the area as we had agreed. On April 20, there was an order issued by the Code Enforcement Board that states that "Mr. Walt Dittmer be given. fourteen (14) days, after notification, to come into compliance by mowing a thirty-five (35) foot buffer zone" dated April 26, 1999, which we received in our office on May 3, 1999.. We assumed the 14 days would be up em May 17. On May 15, Scott . Hoekstra cut the berm. On May 25, we sent a.letter to Ms. Joanne Krebs of the Code Enforcement BoOrd informing her that this had been accomplished. On reviewing the ORDER IMPOSING PENAlTY/LIEN which we received March 9, it appears .that several dates are incorrect. The first line states this cause came before the Code Enforcement Board on April 19, 1999, but the ORDER OF THE. CODE ENFORCEMENT BOARD. states the hearing was on April 20, 1999. The ORDER IMPOSING PENALTY /LlEN states that an Affidavit of Non-Compliance bearing the date of May 5, 1999 had. .been filed with the Board. According to the dates in the ORDER OF THE CODE ENFORCEMENT BOARD, we had until May 17 to bring our property into compliance.. In the next paragraph, it states that Respondent did not comply with Order dated May 4, 1999. What order was thcit? Meanwhile, the area in question was mowed again in June and October, 1999. . Also the entire area in question. is under a Florida Power easement. Florida Power cleared the entire area a couple of months .ago. It. is our intention to keep this area mowed 3 to 4 times per year. Please vote to file d. satisroction of .Iien on our property with NO fine imposed. Thanks for your consideration. . Very truly yours, A~ Walt Dittmer, Jr. President 1006 Shepard Road 4-07-699-1755 FAX 4-07-695-4430 Winter Springs, FL 32708 dittme r@ditt-deck.com w (T\ ::.:.;G '..J- 0"'" lTi CO 0""" 3 N ~c; -- :r. ).;> 0 I ,- rt"' .::J () . . 0 ,. -) c:: -1)CJ 0 J>;::J ,. pO I pl(f'l CO ,:~ :r CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA ----)City of 'Winter Springs - Petitioner, Complaint No. CEB-99-290 Y. Dittmer Properties, Inc. 1006 Shepard Road Winter Springs, FL 32708 Respondent. ORDER IMPOSING PENALTYfLIEN THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on April 19, 1999, after due notice to Respondent, at which the Board heard testimony under oath, rece~d evidence, and issued its Finding of Fact and Conclusions of Law and thereupon issued oral Order w~h was reduced to writing and furnished to Respondent. N Said Order required Respondent to take certain corrective action by a certain time, as more 0\ specifically set forth in that Order.. \.D An Affidavit of Non-Compliance, bearing the date of May 5, 1999 has been ftled with the Boar~y the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective action was not taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent did not comply with Order dated May 4, 1999, it is hereby: ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of $100.00 per day in reference to the property that exists on Undeveloped Area off Shepard Road in tile City of Winter Springs described as: .~: LOT 18, BLOCK B PARCEL: 28-20-30-SAS-OBOO-0180, OAK GROVE PARK I PB 7, PAGE 83, OF SEMINOLE COUNTY -..J OWNED BY DITTMER PROPERTIES, INC. :;l!. 1006 SHEPARD ROAD, WINTER SPRINGS, FL 32708 ,~ This Order if recorded in the public records shall constitute a lien against the above described ~ property and any other real or personal property of the Respondent, pursuant of Section 162. 08 a~ Section 162.09 of Florida Statutes. DONE AND ORDER this 28th Seminole County, Florida. day of JUNE 1999 , at WINTER SPRINGS, Code Enforcement Board of the City of Winter Springs, Florida CEST~ ( ~L. ~ ',-,ltyClerk ..' ,r- ~ 6/23/99 Date .' '. L. ... c/ j / /i) /CL;...(~-?--- ./ .' '.1) . I ., .,',' C':' r rTl ::03: :=z:)> 0:::0 ~~ n..... -z ~rTl ~::r -10 ,,::0 oC/) efTl ::0 -1 c; -..~' 0':":: ;0:::: 00 f"T1 r- aPl Ron o ,<C ,.,,::.:: ;0-1 =;:;:-< ;;;~ r;:,r ,~. c.-. . . ./".' .. , , .' ,... ~ 0.\ . \ \ . Q9 .ARCHITECTURAL. ALUMINUM . 1 ClOG s-pard Road w:d-r Spnngt; RoOd. 32708-2018 Ph.:.~7m9-1TS5 - Fax; 40716~ u. ... _ ...:. _ .. I .. uPc.5>./71A.4. p:.F__3>P. ~. ... \J \,\ N\ " .... " ~ ~ \i \\ ,HJ.?lV1Y o L COMMISSION AGENDA ITEM C Consent Informational Public Hearing Regular X April 10.2000 Meeting t. Mgr. / Authorizatio REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission consider the request of Mr. Walt Dittmer for satisfaction of the Code Enforcement lien against his property. PURPOSE: The purpose of this agenda item is to request the Commission consider the request of Mr. Walt Dittmer for satisfaction of a Code Enforcement lien against his property. APPLICABLE LAW AND PUBLIC POLICY: Under Florida Statutes Chapter 162, Code Enforcement Board fines shall become liens on the property on which the violation exists. Under this statute, the lien must run in favor of the local governing body and therefore may only be reduced or satisfied by them. CONSIDERA TIONS: On April 20, 1999 the Code Enforcement Board ordered that Mr. Dittmer mow and regularly maintain 35' from the property line. A letter was sent to the chairman of the Code Enforcement Board by Mr. Dittmer advising her that the area was mowed on May 15 and 16, 1999. Inspection of the area revealed that although some of the property was mowed, the Order of the Board was not complied with in regard to the 35' buffer. Mr. Dittmer was notified of this discrepancy. This Division further instructed Mr. Dittmer on August 4, 1999 that compliance had still not been achieved, that the fine had become a lien against the property, and the procedures for correcting the situation. The letter stressed that when the property was brought into compliance an APRIL 10, 2000 REGULAR AGENDA ITEM C Page 2 inspection must be requested in order to halt the fine from accruing. Me Dittmer replied on August 6, 1999 saying that his contractor only cut 90% of the area and that the area would be maintained. No further correspondence was received from Mr. Dittmer until the case was rescheduled for the Code Enforcement Board on March 21, 2000 to request a recommendation for foreclosure or recommendation for reduction /satisfaction of lien. The matter was brought before the Code Enforcement Board on March 21, 2000. The Code Enforcement Board could not make a decision for a recommendation to the City Commission as to amount of reduction, but did suggest that Mr. Dittmer ask the City Commission to reduce or satisfy the lien. STAFF RECOMMENDATION: Staff recommends that the City Commission reduce the lien to an amount that reflects the cost of prosecuting the case, recording the lien and a fine of$l,OOO.OO, for a total of$1,050.00. ATTACHMENTS: A. Section 13-1, City Code B. Order of the Code Enforcement Board, April 26, 1999 C. Letter to chairman from Mr. Dittmer, May 25, 1999 D. Letter to Mr. Dittmer from Code Enforcement Division, August 4, 1999 E. Letter to Code Enforcement Division from Mr. Dittmer, August 6, 1999 COMMISSION ACTION: <' ATTACHMENT A 1,lar. i 5. 2000 i: 30P/;.1 ;";1.JIS."-''iC~S ARTICLE 1. IN GENERAL Sec. 13-1. ~neral prohibition. Nothing may be done on any lot which may become an annoyance or nuisance to the neigh- borhood. No refuse pile or unsightly objects shall be allowed to be plated or suffered to remain . thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles or other un. sightly objects or growths. then the city commis- sion may enter upon such land and remove the same at the expense of the owner and such entry shal~ not be deemed a trespass. (Ord. .No. 44, ~ 44.76. 1-8.68) Sec. 13-2. Littering. '.'. '. (a). It shall be unlawful for any person to place or throw, or cause to be placed or thrown, any paper, bottles or pieces thereot', tin cans, garbage. glassware. refuse. debris or any other offensive, unwholesome or unsightly matter whatever in or on any street,road, sidewalk, alley. playground, vacant property or any other pl,1blic grounds. or in or on the bank of any canal. stream, lake, watercourse or pool within the city. (b) It shall be unlawiul for any person to cause or permit junk, scrap metal, scrap lumber, waste- paper products. discarded building materials, or any \muSed abandoned.yehide, at' abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him in the city unless in connection with a business en- terprise lawfully situs.ted end licensed for the same. . (c) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel orland within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may threaten, or endanger the public health, safely, or welfare, or may rea. sonably cause disease, is hereby prohibited and declared to be a public nuisance and unlawful. (d) It shall be the duty of th~ owner of each lot, lract, or parcel of land within the! city to re:lson. S'Jpp. N,). ~ No.0680 F. i 0 lJ.26 ably regulate and effectively control ey.ees~ive growths and accumulations. as enumerated in sub. section (e) on the property. . It shall also be the duty of t.he owner to drain regrade or fill any lot, tract. or parcel, includin~ swimming pools thereon, which shall be dangerous or unsanitary, have stagnant water thereon, or be in such other condition as tc be su:sceptible to pro- ducing disease or danger to the public. (Code 1974, 9 7.1; Ord. No. 464, ~ 1, 2-12.90) Sec. 13-3. Duty of owners of buildings to keep surrounding property clean; notice; fallure to comply with notice. (a) AU land ~thin a three-hunched-foot radius of any dwelling or .other building. within the city shall be kept in a clean and trim condition by the owner of.the property. (b) II the owner of any property fails to comply with the conditions of this. section, he shall be notified by the city of the violation and be al. lowed fifteen (15) days to comply. (c) If, after the fifteen-day period provided for in subsection (b), the owner has not cleaned the property in accordance with this section, the city shall have the right and authority to enter upon the property in question, clear the land according to the requirements of this section and charge the owner for the cost thereof. (Code 1974, 5 7.2) Sees. 134-13-25. Reserved. ARTICLE II. NOISE Sec. 13-26. Problbited generally. It shall be unlawful for any person to make. create, or maintain any unreasonably loud. dis- turbing, and unnecessary noise within the city. Noise of such character, intensity, or duration as to be detrimental to the life, health, comfort, or repose of any individual is prohibited. (Code 1974, S 9.14(a)) 793 ATTACHMENT B -.r~\NTE:1y (j~"~\~' /~-, . ....../l \1;. ).., ... ''-./''''-~' \7.- t:( .. ( . ~\ G) L:> \ >,-;,;--1, J (f) \ .\(l"W...I"1.....or.t1~t.\. : ; .. IQ"Q 'ell' '. / ''<:.~Ri6'r>: CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 99-290 CERTIFIED: Z 515034066 OWNER: Walt Dittmer Undeveloped Area off Shepard Road Winter Springs, Florida 32708 The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on April 20, 1999 in the matter of Walt Dittmer to determine whether he is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: (AMENDED) FINDING OF FACT: In the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector, and other parties involved in this case. Based upon these proceedings, I move that Mr. Walt Dittmer and his (Undeveloped Area off Shepard Road), is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting. Walt Dittmer is in violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: In the case of Code Enforcement Board Number 99-290 of the City of Winter Springs, Mr. Walt Dittmer having been found ~o be in violation of Section 13-2. [Overgrowth] of the Code of this City, I move that Mr. Walt Dittmer be given fourteen (14) days, after notification, to come into compliance by mowing a thirty-five (35) foot buffer zone, from the property line, in regard to this violation. If compliance is not achieved by this date, a fine of $100.00 per day (minimum) will be imposed until compliance is achieved, as verified by an officer of the City. Furthermore, any and all future reoccurrence of this violation after compliance has been achieved, will immediately cause the stated fine to be imposed, until compliance is again achieved, as verified by an officer of the City. Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement procedures to be instituted to accomplish this Order. ..{ . This 0\ &.' day of April, 1999. ....- ~ / ,J .. ...., .~ ~2-z' ..1-'-/ ~ .~Jtiallne Krebs, Chairperson ,;/ Code Enforcement Board . City of Winter Springs I )OCS/hoanls/codccn f o/a 111/n:1 ic 1'0../04 2099/99 - 2 90 .doc ATTACHMENT C . .' . . . ' ."1" " ~:' ", 1 . '.. .\: .'. ,'" . ~ .. , . '. . . . .. .... , '. :"'1-::' :.... '. ~{);:"::,, ..' :\-,~::., ;;....:.::'.:::'..C:.-.:~~,:~.. ..; :::_;<:{;:A:~r:,. .,..;.; ,. "'.. .. ~>:~:::;:;:Y.;'iJ,~\(,'.u~;;~;:,(.._';" ..".':.'.... , '. .... . DittmerProperties,Inc.': . .'. ", ;,'. ..............- . , !. .'. ~ \...,' ,. ...... ... " . '. .... ...."" - ~ ' .' . !. "'''. ~ ..' " . ,; ',' . "'. :,' . M~.J.oal1heKre~s. . . Code Enforceme.nt Board .. . '. .' . 'City of Winter Sp.rings 11:26 .Eas:t Sta~e Road 434 '. . Winter Spriti0s, FL 32708 ..:..:... " - . . , . . .'. . '.. ~ 'L...~:.<. kJ;.~:t' i :"~"'':, ,:"-:' ,:. . ,';i:~ .'~.,~,.:'~~:..~ '::.:.. '.,:1~ ~,~ '/" ". ,'. 4.. :.'" .... . '.-,' .... ';'. '... . ,,'. '. ': ':~':. . . '.,: ',.' ' . ,", RE: Case Number99-290 ..... ,.', ~ . ':: . , ,... .. . .':\. Dear Ms. Krebs: ,plea~e be advised that on the weekend of May15 and 16, ou.rprp'perty .wa.~... brou.ght in.'cornpliancewith the orderto mo~.a thirty;.fivefoot bLiff~.rione ; from the property line. . ... . . . Verytrulyyours, .",", . ~ . ':" " .... ", ....". .. Mr'.,Wal~:pittmer . President ',' . , ), '.., . . ., . . ' ;', .... '" . " ..' " ',.;:.; 1006 Shepard Road 4-07-699-1755 FAX 407-695-4430 Winter Springs, FL .32708' dlttmer@ditt-deck.com ATTACHMENT D Mar . I :). ~ IJ IJ U I: .j I r M I~ 0 . IJ 0 0 IJ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 3270e~2799 Telephone (407) 327-,eOO Fl!lx (407)327-8696 August 4, 1999 Walt Dittmer 1006 Shopard Road Winter Springs. Fl. 32708 Dear Mr. Dituner, Inspections of your property that borders tile Wildwood Subdivision along Shopard Road reveal tJ\l\tthc Order of the Code Enforcement Board of Aprll 20, 1999 hns not been satisfied. As YOll know, the Bonrd directed you to mow A. 35 feet buffer zone. A lien has been placed on Ule property and continues to increase at a rate of $100.00 R day unlilthe area is mowed and this office notified. I do not have the authority to release this lien, as the lien runs in favor oftlle local governing body. (Inlhis case, the City Commission). Appeals to the Board's decision are made to the Circuit Court of Appellls, but must be made wIthin 30 days of the hcnring. Please contact this office to arrnnge for an inspection when the work is completed so that we can stop (he fine from accruing furUler. Sin~ Jimette Cook, Code Enforcement Manager ~ECEIVED AUG 5 1999 ~.s) ~I r'lAR-15-2000 12: 23 99% r. I" P.12 ATTACHMENT E ..---- r1 CJ dittmPi \~ ARCHITECTURAL ALUMINUM August 06, 1999 C. Jimette Cook City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 RE: Case CEB-99-290, Undeveloped area off Shepard Road Dear Ms. Cook: In receipt of your letter dated August 4, 1999, allow me to reconstruct: You and I met at 1:30 P.M. April 14, 1999; and agreed on cutting a swath of30' to 35' from the rear ofthe Wildwood homes approximately four times a year. I directed Scott Hoekstra, who has been cutting my grass here at my business for approximately five years to cut the swath. On or about May 15, 1999, he cut, but not to the extent we wanted. I redirected him via a fax dated June 11, 1999 to cut and he did cut on June 2ih. I checked it out the following week and found it to be just fme. Ifhe did not cut the entire berm - he cut 90% of it. He did not cut down into the water for obvious reasons. Jimette, I am sorry for any concern I may have caused any of you; but I do resent the threats of fmes and liens on my property. Please relax knowing we intend to cut this swath approximately every two months. ;~ Walt Dittmer, Jr. WDJR/zag Enclosure: Plot plan dated August 06, 1999 Fax to Scott Hoekstra dated June 11, 1999 (695.3041) 1006 SHEPARD ROAD \J\JINTER SPRINGS. FLORIDA 32708-2018 PHONE 407.699.1755 · FAX 407.695.4430 TOLL FREE 800822.1755 www.ditt-deck.com dittmer@ditt-deck.com '\ " .~~" (j ~~,~~\ L ,._-.....> \\'J.l.-\ t'~':~rt~\ ;~l U . -';':--'. J (f) J . If\('(I1"''jXKft<t~ J I I '\ IQ<;Q.. 'I f " ... .'7 ' :--- ,/ / .~(OR\O~ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 AGENDA CITY OF WINTER SPRINGS CITY COMMISSION SPECIAL MEETING MONDAY, APRIL 24, 2000 - 6:30 P.M. (CONTINUATION OF THE REGULAR MEETING OF APRIL 10,2000) CITY HALL - COMMISSION CHAMBERS I. CALL TO ORDER Roll Call THE FOLLOWING IS THE CONTINUATION OF THE LAST REGULAR MEETING, WHICH WAS PARTIALLY HELD ON MONDAY, APRIL 10, 2000. VI. REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Consider The Request Of Mr. Walt Dittmer For Satisfaction Of The Code Enforcement Lien Against His Property. D. Police Department Requesting The Commission To Give Approval To Purchase A Kustom Signals, Speed Monitoring Awareness Radar Trailer, Known As A SMART Radar Trailer. E. Community Development Department -Land Development Division Presents To The City Commission, For Their Action, The Planning And Zoning Board Recommendation On The Final Engineering Plans As It Relates To The Proposed Winter Springs Executive Park. CITY OF WINTER SPRINGS AGENDA CITY COMMISSION . SPECIAL MEETING - APRIL 24, 2000 CONTINUATION OF THE REGULAR MEETING OF APRIL 10,2000 Page 2 of2 H. City Manager Requests The City Commission To Consider An Amendment To The City Code To Provide That A Minor Change To PUD Documents Would Be Submitted To The City Commission For Approval. (This Agenda Item Has Been Postponed To The Mav 8. 2000 Regular Meeting). VII. REPORTS Reports Will Be Covered At The Conclusion Of The April 24, 2000 Regular Meeting. VIII. ADJOURNMENT * PUBLIC NOTICE * This is a public meeting, and the public is invited to attend. This Agenda is subject to change. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs. 48 hours in advance of the meeting at (407) 327-1800, per Section 286.26 Florida Statutes. Persons are advised that if they decide to appeal any decisions made at these meetingslhearings they will need a record of the proceedings and for such purpose, they may need to insure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based per Section 286.0105 Florida Statutes. ,; " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING (THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING) APRIL 24, 2000 I. CALL TO ORDER The Special Meeting of April 24, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:36 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida .32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, absent Public WorksfUtility Department Director, Kipton D. Lockcuff, P.E. present City Attorney Anthony A. Garganese, present .:. .:. AGENDA NOTE: THE FOLLOWING IS THE CONTINUATION OF THE LAST REGULAR MEETING, WHICH WAS PARTIALLY HELD ON MONDAY, APRIL 10, 2000. .:. .:. VI. REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Consider The Request Of Mr. Walt Dittmer For Satisfaction Of The Code Enforcement Lien Against His Property. Ms. Jimette Cook, Code Enforcement Inspector addressed the Commission regarding the timeline of this case; "The Board reached a decision of thirty-five (35) feet from the edge of the property line, and wanted Mr. Dittmer's property to be mowed;" compliance; a required inspection; and Liens. Ms. Cook stated "I informed Mr. Dittmer several times that in order to release the fine, which had become a Lien on the property, it would have to be mowed, in compliance and an inspection requested." Code Enforcement Officer Cook explained that "The Code Enforcement Board doesn't have the authority to reduce or satisfy a Lien - "A Lien runs in favor of the governing body," and that the property is now in compliance to the satisfaction of the Code Enforcement Board. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 24, 2000 THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING Page 2 of 5 Ms. Cook stated that the City was not seeking the full amount of the Lien; possible problems with miscommunication; and that the Commission is being asked for their guidance regarding a possible reduction or satisfaction of the Lien, if it is so desired. Discussion ensued on the current amount of the Lien. Ms. Cook stated, that "As of March 25, 2000, when we inspected the property, it was $32,400.00, and it stopped running on March 25th of this year." Further discussion followed regarding the costs incurred by the City - which was estimated at approximately $50.00; correspondence between both parties; compliance issues; and had the City checked on this matter. Mr. Walt Dittmer, 1006 Shepard Road, Winter Springs. Florida: spoke of a "gross misunderstanding;" his attempt to take care of the problem; compliance; the power easement and berm; that he had not tried to "short-cut" the City; and the Lien. Further discussion between Members of the Commission, Ms. Cook, and Mr. Dittmer continued regarding miscommunication; easements; building a wall; deeding property to "Wildwood;" what is the criteria for the mowing of (undeveloped) parcels of land within the City; an "Order of the Code Enforcement Board;" letters sent to the City; what had not been brought into compliance; other (undeveloped) parcels of land that are similar; different sizes of buffers; "firebreaks;" the fine; and notification. Commissioner Michael S. Blake suggested that "The number I would have - would be $100.00 per day, for twenty days - that would be $2,000.00, plus the cost of $50.00; so the amount that I would recommend to the Board would be $2,050.00." Further discussion ensued about this property being a possible fire hazard to the nearby wood-framed structures; how the property had been mowed; including the area west of the retention ponds; swales; and communication problems. Also discussed was that this property was a possible threat to the neighbors; and methods of communication. Commissioner Martinez stated, "Mr. Mayor - Point of order please. Is there a Motion on the floor?" COMMISSIONER McLEOD THEN STATED, "BASICALLY, MY MOTION IS BASICALL Y TO LEVY A $2,000.00 (DOLLAR) FINE AND ADDITIONAL $50.00 (DOLLARS) FOR THE FILING, AND THAT WOULD TAKE UP THE TIME UPON WHICH THE INITIAL ORDER HAD BEEN FILED TO BASICALLY WHEN MR. DITTMER ORIGINALLY RESPONDED AND THOUGHT HE WAS IN COMPLIANCE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 24. 2000 THIS IS THE CONTINUATION OF THE APRIL 10.2000 REGULAR MEETING Page 3 01'5 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Attorney Garganese suggested "I would bring it back to the Code Enforcement Board to reconsider and clarifying the Order, because if he does not come into compliance, then fines could start accruing again. What this Board voted for tonight, was simply to offer to satisfy the lien at $2,000.00, plus $50.00 cost. But, there is still the issue of clarifying the Order, and assuring that he comes into compliance. That jurisdiction belongs to the Code Board, so it needs to go back, for that purpose." Ms. Cook stated, "And I can initiate that proceeding. So, we'll do that for the next Code Board meeting, and Mr. Dittmer will be noticed, and what we'll do is ask for a new Order." Code Enforcement Officer added, "We can't bring it as a violation, because he is in compliance now, but we'll ask the Board to consider amending their Order, and that way we can take into consideration the ditches, that are now dry, but that will be wet if we have water." Commissioner Edward Martinez, Jr. asked that based on the testimony heard here tonight, that the City Manager "Instructs the Code Enforcement Department to go out there and inspect all these properties, and see if they are in compliance with the Code or not; and report back to the Code Enforcement Board; and also assist in making sure that one of those fires doesn't take over here in the City and cause us a lot of destruction and possibly health hazards." D. Police Department Requesting The Commission To Give Approval To Purchase A Kustom Signals, Speed Monitoring Awareness Radar Trailer, Known As A SMART Radar Trailer. Chief of Police Daniel J. Kerr addressed the Commission and asked that they approve this device "to assist us in slowing the traffic in the City. This device is not specifically for enforcing traffic, but to slow traffic down." Chief Kerr explained that this device was computerized; that a lot of man-hours can be saved with this device; staff could be assigned; and vehicle counts can be shared with other departments and agencies. Further discussion ensued on related purchasing; that this be designated "sole source"; using the County's equipment; whether this unit be used to issue citations; Police Officers per capita; that this could be a very effective tool; that it would primarily be used on an unmanned basis; and violations. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 24. 2000 THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING Page 4 of5 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'D' FOR THE 'SMART' RADAR TRAILER, AT THE AMOUNT $15,055.00." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE STATED, "POINT OF ORDER. DID THE COMMISSIONER MEAN TO MAKE THIS PART OF THE MOTION - THE FACT THAT THIS A SOLE SOURCE ITEM AND DOESN'T GO THROUGH A BID PROCESS." COMMISSIONER McLEOD STATED, "YES. I DID MENTION THAT THE APPROVING OF ITEM 'D' WHICH DOES GIVE US SINGLE SOURCE." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. E. Community Development Department - Land Development Division Presents To The City Commission, For Their Action, The Planning And Zoning Board Recommendation On The Final Engineering Plans As It Relates To The Proposed Winter Springs Executive Park. Mr. Don LeBlanc, Land Development Coordinator explained the premise of this Agenda Item, and mentioned that "The Planning and Zoning Board recommended that it be approved, with the condition that the 'FDOT' permit be submitted to the City, prior to pre-construction." Tape I/Side B Discussion followed regarding whether "FEMA" should be involved with this; the proximity of the septic tanks to the lake; that the County permits the septic tanks; compliance with the "434 New Development" plan; compliance with our Arbor Ordinance; and that "That's also in the area that was identified by the 'DEP' as being archeologically and historically significant, and we need to have them do that archeological survey." Regarding some surveys already done, Mr. LeBlanc stated that he would check his records; and then stated, "If it had not been done as a stipulation to approval, that an archeological survey be completed." "I WILL MOVE TO APPROVE ITEM 'E' ON THE REGULAR AGENDA SUBJECT TO THE PROVISION OF AN ARCHEOLOGICAL SURVEY - AND THE 'FDOT' PERMIT, PRIOR TO PRE-CONSTRUCTION." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. .- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 24, 2000 TI-lIS IS THE CONTINUATION OF THE APRIL 10.2000 REGULAR MEETING Page 5 of 5 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. H. City Manager Requests The City Commission To Consider An Amendment To The City Code To Provide That A Minor Change To PUD Documents Would Be Submitted To The City Commission For Approval. (This Agenda Item Has Been Postponed To The Mav 8. 2000 Regular Meeting). No action was required or taken. VII. REPORTS Reports Will Be Covered At The Conclusion Of The April 24, 2000 Regular Meeting. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 7:42 p.m. Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk NOTE: These minutes were approved at the May 8, 2000 City Commission Meeting.