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
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ROBISON, OWEN & COOK. P.A.
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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
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'1
, /~~
/~fz'r<tic../;~r. / /""'/7 /'i.
:'.... r .' (,'.(./..... ., "-,;,..
,. Joh Ovoruhk
Chief of Police
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