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HomeMy WebLinkAbout1988 11 15 Regular ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: MR. RICHARD McCLELLAND, 623 MARNI DRIVE, WINTER SPRINGS #88-10-25-038 The Code Enforcement Board of the City of Winter Springs, Florida, sat in Hearing on November 15, 1988 in the matter of Mr. Richard McClelland, to determine whether he is in violation of Sec. 9.14, Noise Nuisance, of the Code of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: FINDINGS OF FACT AND LAW 1. Mr. McClelland is in violation of Sec. 9.14. (A), 9.14 (C).1. After arriving at the foregoing Findings of Fact and Law, the Board enters an Order as follows: ORDER OF THE BOARD 1. Mr. McClelland will be fined $50 per violation of Sec. 9.14 starting thirty (30) days from the date of this hearing. Now then, the Code Enforcement Board of the City of Winter Springs, Florida instructs all enforcement procedures to be instituted to accomplish this order. -tJ, This /7 day of November, 1988 BO GRAY, VICE CHAI CODE ENFORCEMENT CITY OF WINTER S ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: MR. ROBERT BEHE AND MR. UMHOLTZ, 1205 ORANGE AVENUE, WINTER SPRINGS, #88-09-23-021 The Code Enforcement Board of the City of Winter Springs, Florida sat in Hearing on November 15, 1988 in the matter of Mr. Robert Behe and Mr. Umholtz, to determine whether they are in violation of Sec. 8.20, operating a business without a license, of the Code of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: FINDINGS OF FACT AND LAW 1. Mr. Robert Behe and Mr. Umholtz are in violation of Sec. 8.20. After arriving at the foregoing Findings of Fact and Law, the Board enters an Order as follows: ORDER OF THE BOARD 1. Mr. Behe and Mr. Umholtz will have ninety (90) days from the date of this hearing to come into compliance with Sec. 8.20, or be fined $250.00 per day until they comply. Now then, the Code Enforcement Board of the City of Winter Springs, Florida instructs all enforcement procedures to be instituted to accomplish this order. t1- /7 day of November, 1988 This ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: MR. DAVID JOYCE, 1205 ORANGE AVENUE, WINTER SPRINGS #88-09-23-021 The Code Enforcement Board of the City of Winter Springs, Florida sat in Hearing on November 15, 1988 in the matter of Mr. David Joyce, to determine whether he is in violation of Sec. 14-23 (no plat plan submitted to the City), and also Sec. 8.20, (allowing a business to operate without a license),of the Code of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: FINDINGS OF FACT AND LAW 1. Mr. Joyce is in violation of Sec. 14-23 and Sec. 8.20. After arriving at the foregoing Findings of Fact and Law, the Board enters an Order as follows: ORDER OF THE BOARD 1. Mr. Joyce will be given ninety (90) days from the date of this hearing, to come into conformity. with Sec. 14-23 and Sec. 8.20, or be fined $50.00 per day until he comes into compliance. Now then, the Code Enforcement Board of the City of Winter Springs, Florida instructs all enforcement procedures to be instituted to accomplish this order. d This 17 day of November, 1988 ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: THOMAS AND DEBORAH GOLLING, 9952 ONE HUNDRED AVENUE, MAPLE GROVE, MINNESOTA 55369, c/o DAN TINDELL # 88-09-16-015 The Code Enforcement Board of the City of Winter Springs, Florida sat in Hearing on November 15, 1988 in the matter of Thomas and Deborah Golling, to determine whether they are in violation of Sec. 7.2, unkempt property, and Sec. 5.149, pool nuisances (stagnated water), at 227 Shore Road, Winter Springs, Florida, of the Code of Winter Springs. Upon hearing all evidence on the matter, the Board arrived at the following: FINDINGS OF FACT AND LAW 1. Thomas and Deborah Golling are in violation of Sec. 7.2 and Sec.5.149. After arriving at the foregoing Findings of Fact and Law, the Board enters an Order as follows: ORDER OF THE BOARD 1. Mr. and Mrs. Golling, thirty days after notification, will be fined $25 per day until they come into conformity with Sec. 7.2 and Sec. 5.149. Now then, the Code Enforcement Board of the City of Winter Springs, Florida instructs all enforcement procedures to be instituted to accomplish this order. tt4 This 17 day of November, 1988 List of cases to be heard by Code Board Nov. 15-1988 M\... c.. \ ".. ()i' ,,(, l-Case # 88-10-25-038 Richard McCelland 623 Marni Dr. W.S.Fl. City Code Sect.9:14 Noise Nuisance 2-Case#88-09-16-015 Thomas E. & Deborah Golling 9952 One Hundred Ave.Maple Grove Minnesota 55369 c/o Dan Tindell Location of Violation/227 Shore Rd.Winter Spgs.FI.32708 Violation City Code 7:2 UNkept Property Also Sect.5!149 Pool Nuisa nces (Stagnated Water) 3-Case#88-10-05-024 ",:';,1.ames T. Martello(Project Cordinator) Winter Springs Development Corp; 1)01 Wint.Spgs.Blvd. Wint.Spgs.Fla.32708 City CodeS.13:6 Obstruction of Street. 4-Case,# 88-09-23-021 Continued From special hearing held Oct.26-88. /S-Case#88-10-10-0S0 Ivan C. Friedman 6)2 Pearl Rd. Winter Springs Fla.32708 City Code Section 44:85 Disabled Vehicle No Valid License tag 1- Case!f: 2-Case # List of cases to be heard by 60DE BOA3D January 17 1988 88-12-21-035 74 So. Devon Violation of (Also 44:81) Dany Shay or Ada M. Mott Ave.Wint.Spgs.Fla,32708 CITY CODE sect.(44~82,44:85,7:1 ~ -;.....,:...;.-.....~.~ 88~12-28-013 James T.Martello or Chuck Thompson ;Hnt.Spgs.Develo~ment Corp. 1301 ~inter Springs Blvd.,Wlnt. Spgs.Fla.32708 Violation CITY CODE Sect,13 Street Cut Permit Required. ROBISON. OWEN & COOK. P.A. ATTORNEYS Be COUNSELLORS AT LAW December 14, 1988 5250 SO. U.S. HIGHWAY 17-92 POST OFFICE BOX 895 CASSELBERRY, FLORIDA 32707 TELEPHONE (407) 830-4009 ~ " TELECO,PIER (407) 830-6538 fJ.~ ~ r1\lif ~L!)\!J/f!.,-1.41:t ~fb1 DECl 51988 IJdJ CHI OF WINTER ", &I[~ HALL SPRiNGS RICHARD L. ROBISON RICHARD B. OWEN ALBERT R. COOK JOHN C. WINFREE The Honorable Leanne M. Grove, Mayor city of winter springs 1126 East state Road 434 winter Springs, FL 32708 Re: Notice of Appeal of Code Enforcement Board Action by David Joyce Dear Mayor Grove: Enclosed, as a courtesy to you, is a copy of the Notice of Appeal that I have today filed with the Clerk of the circuit Court in seminole County, Florida. sin;:Zrl<UxL - ALBERT R. COOK ARC/sO Enclosure cc: client Frank Kruppenbacher, Esquire, city Attorney James Dasher, Code Enforcement Board Chairman -- ROBISON, OWEN & COOK. P.A. .'< ATTORNEYS Be COUNSELLORS AT LAW RICHARD L. ROBISON RICHARD B. OWEN ALBERT R. COOK JOHN C. WINFREE HAND DELIVERY December 14, 1988 Clerk of the Circuit Court Appellate Section Seminole County Courthouse Sanford, FL 32771 Re: Notice of Appeal Dear Clerk: 5250 SO. U.S. HIGHWAY 17-92 POST OFFICE BOX 895 CASSELBERRY, FLORIDA 32707 TELEPHONE (407) 830.4009 TELECOPIER (407) 830-6538 Enclosed is a Notice of Appeal and our check in the amount of $102.00 for your fee. As you can tell, this appeal is taken from a decision of the Code Enforcement Board of the City of winter Springs, Florida. The second copy of the Notice is being provided to you pursuant to the provisions of Rule 9.110(c). I believe you provide this second copy to the Board from which the appeal is taken. ARC/So/ cc: ~City of winter Springs Enclosures .- H IN THE CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA. CASE NO. 8-09-23-021 DAVID JOYCE, Respondent/Appellant, NOTICE OF ADMINISTRATIVE APPEAL vs. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, Petitioner/Appellee. / NOTICE IS GIVEN that DAVID JOYCE, Appellant, appeals to the Circuit Court of the Eighteenth Judicial Circuit, the Order of the Code Enforcement Board of the City of Winter Springs, Florida rendered on November 17, 1988. The nature of the Order from which ~- Appellant seeks relief is an administrative order and fine pursuant to Chapter 162, Fla. stat. (1987). This appeal is filed pursuant to the provisions of Rule 9.030(c),(1),(C) and Rule 9.110(a),(c). Dated this 14th day of December, 1988. ALiJUn r<. COOK. Esquire ALBERT R. COOK, ESQUlRE ROBISON, OWEN & COOK, P.A. P.O. Box 895 Casselberry, FL 32707 (407) 830-4009 Attorneys for Appellant, DAVID JOYCE ,.,..'''''.-, IN THE CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA. CASE NO. 88-09-23-021 BEHE & UMHOLTZ ELECTRICAL CONTRACTORS, Respondent/Appellant, v. CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, Petitioner/Appellee. / NOTICE OF ADMINISTRATIVE APPEAL NOTICE IS GIVEN that BEBE & UMHOLTZ ELECTRICAL CONTRAC- TORS, Appellant, appeals to the Circuit Court of the Eigh,teenth Judicial Circuit, the Order of the CODE ENFORCEMENT BOARD OF TBE CITY OF WINTER SPRINGS, FLORIDA rendered on November 17, 1988. The nature of the Order from which Appellant seeks relief is an administrative order and fine pursuant to Chapter 162, Florida Statutes, 1987. This appeal is filed pursuant to the provisions of Rule 9.030(c), (1), (C) and Rule 9.ll0(a), (c). DATED this 19th day of December, A.D., 1988. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U. S. Mail to CODE ENFORCEMENT BOARD OF WINTER SPRINGS, FLORIDA, ATTENTION CHAIRMAN, 1126 East State Road 434, Winter Springs, Florida 32708 on the date afore- said. - STEVEN R. BECHTEL, Esquire MATEER, HARBERT & BATES~ P.A. Post Office Box 2854 Orlando, Florida 32802-2854 Telephone: (407) 425-9044 =and= r--. ,AY, Es uire: STEN~ ROM, McINTOSH, JULIAN, COLBERT, WHIGHAM & S ~~ONS, P.A. 200 West First Street Sun Bank Building, Sutte 22 Post Office Box 1330 I Sanford, Florida 32772-1330 Telephone: (407) 322-2171 (407) 834-5119 Florida Bar #297372 Attorneys for Appellant BEHE & UMHOLTZ ELECTRICAL CONTRACTORS CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 Dec. 21, 1988 MEMORANDUM To': City Attorney Frank Kruppenbacher From: Mary Norton, City Cle~ Notice of Administrative Appeal RE: Enclosed please find Notice of Administrative Appeal on the Behe & Umholtz vs. City of Winter Springs Code Enforcement Board, for your information. ",- Also as a reminder, please send me the notice of public hearing for the Vested Rights Hearing to be held in February. Thank you for your assistance. -- ..--- STENSTROM. McINTOSH, ;r(J'LlAN, COLBERT, wmGHAM & SIMMONS. P.A. ATTORNEYS AND COUNSEI.I.ORS AT l.AW DOUGLAS STENSTROM KENNETH W. MCINTOSH NED N. .IULIAN. .IR. WILLIAM L. COLBERT FRANK C. WHIGHAM CLAYTON D. SIMMONS THOMAS E WHIGHAM ROBERT K. MCiNTOSH MICHAEL E. GRAY SUN 1lAH1t. SUITCU ZOO WEST "'RlIT STRECT POST OF"ICE UOl( 1330 SANFORD. FI.ORIOA 32772-1330 SANFORD ~71 3U-a171 ORLANDO (407) .~:1I10 "All l4071 33CHl370 October 26, 1988 Code Enforcement Board City of Winter Springs Re: David Joyce Properties/Behe and Umholtz Dear Board Members: I have today learned of your meeting this evening to hear the matter referred to above. As counsel for the above, I have spoken with attorney, City manager and Chief of Police. cussions were necessitated by my inability to meeting this evening because of a previous, commitment. your City These dis- attend the unalterable As a result of the recent decision of the City council regarding the zoning of Mr. Joyce I s property, it is clear that Mr. Behe and Mr. Umholtz are doing business in an inappropriately zoned district. Based upon the commenced . their to the size and cannot reasonably foregoing, Mr. Behe and Mr. Umholtz search for an alternate location. intensity of their operation, this be made in a short period of tim3. have Due move On behalf of my clients, we respectfully request that you continue this matter for a minimum period of ninety (90) days and revisit the matter at your next regularty scheduled board meeting after the termination of the ninety (90) day period. We certainly will utilize all possible efforts and expect to have our operation removed within this time frame. .-^' Y /' . Code Enforcement Board October 26, 1988 Page Two In addition, I have agreed with Chief BehejUmholtz operation will utilize the so as to avoid the Orange Avenue roadway. Govoruhk that the Hicks Road access Your understanding and consideration of these matters are greatly appreciated. Respectfully Submitted, STENSTROM, McINTOSH, JULIAN, eOL R~x~ & SIMMONS, P.A. el E. Gray whm -- TO: FROM: DATE: SUBJ: REF: RICHARD ROZANSKY, CITY MANAGER John Govoruhk, Chief of Police December 12, 1988 CODE BOARD ASSIGNMENTS MY LETTER OF 2 DECEMBER 1987 55-88 Recommend the fol~ changes be made to the Code Board Assignments: )0', JG/eds .. ..-" CODE PRESENTATOR FROM: Lieutenant Gerald Justice To: Lieutenant Robert Butler CODE INSPECTOR FROM: Officer Wesley Dowell & Officer Michael Noland To: Officer Wesley Dowell & Officer Melodie Berdoll PIc ( '1 , /~~ /~fz'r<tic../;~r. / /""'/7 /'i. :'.... r .' (,'.(./..... ., "-,;,.. ,. Joh Ovoruhk Chief of Police ;/ /1 /'/ ;,-:>/ .' /- /L-7~