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HomeMy WebLinkAbout1990 01 16 Regular "...... CODE ENFORCEMENT BOARD MEETING CITY OF WINTER SPRINGS TUESDAY, JANUARY 16, 1990 The Code Enforcement Board was called to order by Chairman Bob Gray at 7:00 P.M.. ROLL CALL: Bob Gray, Present James Dasher, Present John Ferring, Present Anne Schneider, Present Lloyd Anderson, Present Beverly Fickling, Present Lurene Lyzen, Present Officer Wesley Dowell, Present Lieutenant Ed Taylor, Present Mr. D~she: made a motion to approve the minutes of Tuesday, November 2l, 1990. Ms. F1ck11ng seconded the motion. Vote on the motion: Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye; Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye. Motion carried. ..--- I Mr. Dasher noted that on page two of the December 12, Special Meeting minutes, second to last paragraph, vote on the motion, his 'aye' to the motion was left out. The word occurrence was misspelt also. Mr. Ferring made a motion to accept the minutes as corrected. Seconded by Mr. Anderson. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye; Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye. Mr. Ferring spoke of the conduct of the attorney representing the Sommervill~ in the case of December 12, 1989. He was upset by the demeanor and intimidation of the Board. He brought the issue before the Commission as a private citizen. He said there are certain procedures the City can implement to help the Code Enforcement Board. He feels that the Board needs a full time attorney. Mr. Gray offered his support in going before the City Commission in the future. Mr. Dasher stated that he was somewhat confused by the point of view of the attorney and the position taken by the City in the past which is on page two of the December 12 minutes, top paragraph. He said that just the fact that there is a possibility of a new violation that they should set up a Relief Order although the first discrepancy was corrected leavesa gray area and we need more elaboration on it. Lieutenant Taylor said he would bring it up to the PoLice Chief. Discussion. ..--- Election of a new Chairman and Vice-Chairman for 1990: Chairman Gray opened the floor for nominations. Mr Ferring nominated Mr. Gray to continue as Chairman. Mr. Dasher nominated Mrs. Fickling for Chairman. Mrs. Fickling declined the nomination. Mr. Dasher nominated Mrs. Schneider for Chairman. She also declined. Mrs. Schneider nominated Mr. Ferring for Chairman. He declined. Mrs. Lyzen made a motion that the nominations be closed. Mr. Anderson seconded the motion. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye; Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye. Motion carried. Mr. Gray is the Chairman for 1990. r' Code Enforcement Board Meeting, January 16, 1990 Officer Dowell stated that Item 6 on the by request of the Building Department will Item 9 has been corrected. Page 2 Closed and Pending Cases: been corrected. Item 7, until the next Meeting. Agenda has continue Item 8, Audley Hutchinson, in violation of Secs. 13-3, 6-222 and 6-217 of the City Code: Lieutenant Taylor presented pictures of the site of the violations. He said the home is unoccupied, and that three attempts were made to reach the owner by certified mail, but were unclaimed. The Home Savings of America, the Company which has the mortgage on the house, received a certified letter on November 20, 1989. Lieutenant Taylor has not received any correspondence from them. A witness, Mr. Howard McDougall, 202 Mockingbird Lane, was sworn in. He said that a lady with three children moved into the house and only occupied it for about a month and a half. The grass grew high and the windows were left open. The carpenting and waLswerenutined.. The lady was there last summer. He does not know if the lady was Audley Hutchinson. Discussion. r Mr. Dasher made a motion that Audley Hutchinson, homeowner of record at 218 Mockingbird Lane, be found guilty of Secs. 6-222 and 6-217 of the Winter Springs Ordinance. Mr. Ferring seconded the motion. Vote on the motion: Mrs. Schneider, aye; Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye. Motion carried. Relief Order: Mr. Ferring made a motion that upon notification of these violations, 6-222 and 6-217, seven days thereafter, if the violations have not been corrected by that time, that a fine of $25 for each day the violations have not been corrected, be implemented. Mr. Dasher seconded the motion. Vote on the motion: Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye. Motion carried. Mr. Dasher made a motion that Audley Hutchinson, homeowner of record at 218 Mockingbird Lane, be found guilty of Sec. 13-3 of the Winter Springs Ordinance. Mr. Ferring seconded the motion. Vote on the motion: Mrs. Schneider, aye; Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye. Motion carried. Relief Order: Mr. Ferring made a motion that upon notification of this violation, 13-3, seven days thereafter, if the violation has not been corrected by that time, that a fine of $25 for each day the violation has not been corrected, be implemented. Mr. Dasher seconded the motion. Vote on the motion: Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye; Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye. Motion carried. r Mr. Ferring made a motion for the Board to pursue with the City, methods to strengthen the Code Enforcement position in the form of legal expertise and a- permanent prosecutor. Mr. Gray seconded the motion. Mrs. Schneider questioned the powers of the Board to discipline an out of order person who will not obey the Chairman's attempt to maintain order. Mr. Ferring said that the City Attorney said the Board does have the power to remove someone who is out of order, but there would have to be someone at the Meeting who has the authority to do that. It can't be the Code Inspector or Prosecutor. Discussion. Vote on the motion: Mr. Dasher, aye; Mr. Ferring, aye; Mrs. Schneider, aye; Mr. Anderson, aye; Mrs. Fickling, aye; Ms. Lyzen, aye; Mr. Gray, aye. Motion carried. Mr. Gray designated Mr. Ferring to follow this up, and said he would provide any support that is needed. Mr. ~erring said he would call Mr. Gray after he speaks with the Attorney. Code Enforcement Board Meeting, January 16, 1990 Page 3 .~ Mrs. Fickling made a motion to adjourn. Mrs. Schneider seconded the motion. All ayes. Meeting adjourned at 8:15 P.M.. Respectfully Submitted, Caroline McGinley City Clerk's Office ~ /'"'" r-- ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: AUDLEY HUTCHINSON 218 MOCK1NGBIRD LANE, WINTER SPRINGS, FLORIDA 32708 The Code Enforcement Board of the City of Winter Springs, Florida, sat in Hearing on January 16, 1990 in the matter of Audley Hutchinson to determine whether she is in violation of Sec. 6-222 and Sec. 6-217, pool not secure and pool water green, of the Code of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: ]i'JNDINGS OF FACT AND LAW 1. Audley Hutchinson is in violation of Secs. 6-222 and 6-217. .,-.. After arriving at the foregoing Findings of Fact and Law, the Board enters an Order as follows: ORDER OF THE BOARD 1. Upon notification of these violations, 6-222 and 6-217, seven (7) days thereafter, if the violations have not been corrected by that time, there will be a fine of $25 for each day the violations continue. 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~day of January, 1990 ~ ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: AUDLEY HUTCHINSON 218 MOCKINGBIRD LANE, WINTER SPRINGS, FLORIDA 32708 The Code Enforcement Board of the City of Winter Springs, Florida, sat in Hearing on January 16, 1990 in the matter of Audley Hutchinson to determine whether she is in violation of Sec. 13-3, unkempt property, 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. Audley Hutchinson is in violation of Sec. 13"3 ,.--. After arriving at the foregoing Findings of Fact and Law, the Board enters an Order as follows: ORDER OF THE BOARD 1. Upon notification of this violation, 13-3, seven (7) days thereafter, if the violation has not been corrected by that time, there will be a fine of $25 for each day the violation continues. Now then, the Code Enforcement Board of the City of Winter Springs, Florida instructs all enforcement procedures to be instituted to accomplish this Order. ~ -f.1 This (Cf day of January, 1990 ~ BOB GRAY, CHAIRMAN CODE ENFORCEMENT 0 CITY OF WINTER SPRINGS . :, '., " ',I} -- -_.__._._------~..:-:_-...:.-...~'.......:....:._-- .-;.........' "-. , ", .' 'It f' LIST OF CASES TO GO BEFORE WE CODE BOARD Jan.16 1990 1: Case 189-12-20-013 J~ Frawley 805 Kilt Ct. Winter Springs,Fl.32708 Location:80s Kilt Ct.Wint.Spgs.Fla.32708 Violation:City CODE Section 10:31 Revocation of City License Ins.Sales 10216 NO vali~ City license 2:Case # 89-12-20-009 Reliance Mechanical Contractor 3 Commerce Pk 23200 Chagrin Blvd.Beachwood,Ohio 44122 Location of Violation:Atriurn back of property. Violation of City CODE Sect 9:278(3)(Screening & Landscaping required) 3:Case # ~~atgy1au~~inson 218 Mockingbird Ln.Winter Springs,Fla.32708 Location of violation:218 Mockingbird Ln. Wint.Spgs,F1.32708 Violation of City Code Section 13:3,Section 6:222 & 6:217 Unkept property,Pool not secure & pool water green. .r' 4: Case # 89-11-24-050 Kenneth L & Vickie Shoemaker 620 Heatherton Village,Altemonte SPGS,Fl.32714 Location of Violation 402 South Edgemon Ave.Wint.Spgs.Fl.32708 Violation of CITY CODE section 13:3 unkept property .,.,........