HomeMy WebLinkAbout1995 09 19 Code Enforcement Board Regular Minutes
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 19,1995
1. Call to Order:
The meeting was called to order in the Commission Chambers of City Hall by Chairperson Schneider
at 7:05 p.m.
2. Pledge of Allegiance
3. Roll Call:
City Officials. present
Lurene Lyzen, present
Kitty Reilly, present
Charles Holzman, absent
Ken Haines, present
Lloyd Anderson, present
Bob Gray, present
Anne Schneider, present
Captain Bob Pieper, Code Officer
Al White, Code Inspector
Schneider introduced the new board member, Kitty Reilly. Reilly said she has lived in Winter Springs
for 14 years, and is the executive director of the Highlands Homeowners Association.
4. Approval of the July 18. 1995 Minutes:
Schneider asked for comments. Lyzen moved to accept the minutes as written. Haines seconded.
Vote: Bob Gray, aye; Ken Haines, aye; Anne Schneider, aye; Lurene Lyzen, aye; Lloyd Anderson,
aye; Kitty Reilly, abstain. Motion carried.
5.Discussion of Closed and Pending Cases:
Schneider asked about the Andrescavage case. White said that about a week ago the relief order was
delivered by an officer. The officer read the relief order to the lady at the house, and had her sign it.
They will be fined $250.00 each time they violate that provision of the code.
Lyzen asked about the "due 9/1" on page 6 dated 8/3/95, "unsightly growth". White stated that the
case was taken care of on time.
Haines asked what the status was on the Tuscawilla Realty case. White said that Tuscawilla Realty
is working to prepare a site plan. They are also working with the Building and Engineering
departments.
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Lyzen asked about the "No building permits" pending cases dated 8/23/95 on the second to the last
page. White said that all of the "pending with no building permit" cases have been turned over to the
Building department.
Schneider stated that there were people present for some cases, and that those cases should go first.
Swearing in for testimonies.
7. Case 95010999. Augusto and Anna G. Diaz. 210 Charles Street. Mortgage: Anchor Mortgage
Service. Section 13-2(c) Untended Grass:
Pieper stated that this situation originally came to the attention of the code inspector in June 1994
under Case #94-297 for a violation of 13-2(c) Untended Grass. The problem was corrected in
September 1994 with the help of the neighborhood. The problem came back to the code inspector
in July 1995 after a written warning was issued by a police officer on June 28, 1995 for a violation
of 13-2(c) Untended Grass. Due process was followed by certified mailing of the warnings, copies
of the ordinances, and the notice to appear.
At this time, the problem has been corrected, but it is a recurrence of a problem which was not
corrected in the time limits given. This is brought to the attention of the code board so that in the
event of future violations, there is a foundation on which to act.
Gray asked if they were the same owner's back in June 1994. White answered, correct. Haines asked
if the house was vacant. White said the house was vacant, and that Anna Diaz is the sole owner of
the property. Lyzen asked where Anna Diaz lived. White answered, Orlando.
Anna Diaz's son, Claudio Diaz translated for his mother.
Reilly asked Anna Diaz if she has arranged regular maintenance for the property. Claudio answered,
no. Lyzen asked how they were going to take care of the property. Claudio said he comes out every
two weeks to maintain the propeliy, and that they are presently renovating.
Pieper stated that the progress notes read 9/12/95, but should be 9/12/94 as reference to the copy of
the complaint form dated 6/28/94.
Claudio said that they did not receive two written correspondences within 1995 so if a fine is given
after the second written correspondence; he is here to make sure they get another written
correspondence or a chance to fix the problem at a later date instead of now. Pieper said that the case
in 1994 was closed without action by the code enforcement board. This is brought to the boards
attention tonight because it is a recurrence of a violation that was previously corrected, but not a
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CODE ENFORCEMENT BOARD
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recurrence of a violation which was previously ruled upon. The board's prerogative tonight is to
determine whether or not the violation did or does exist, and establish fines up to $250.00 for each
recurrence.
Gray asked if they have any prospects for renting. Claudio answered yes, but it will take about a
month and a half to renovate.
Claudio asked the board if he will be held liable for the tenant's negligence. The board answered yes.
Schneider said even though this was a recurring case, she felt that the Diaz's understood the need to
keep the yard tended, and that they have a plan to keep it under control. Lyzen said that there still
needed to be a relief order in case there was a recurrence. Schneider said that there doesn't have to
be a relief order, but it was up to the board. Reilly asked if there was some type of warning to give
the Diaz's if there was a recurring problem, then it would immediately go into a "Class 2" so they
would be fined more money. Schneider said only if the board has a finding of fact and a relief order
then it goes into the category as a repeat violation. Pieper asked Reilly not to confuse the citation
program with her action as the code enforcement board. Class I, 2 and 3 are pre-established fines;
the code enforcement board has broad latitude from $1.00 to $250.00 for the first occurrence, then
a repeat violation can be exceeded to $500.00.
Schneider moved that in case #95010999, Anna G. Diaz of 21 0 Charles Street and Anchor Mortgage
Service be found in violation of Section 13-2(c) of the code of the City of Winter Springs. Gray
seconded. Vote: Haines, aye; Schneider, aye; Reilly, aye; Lyzen, aye; Anderson, aye; Gray, aye.
Motion passed.
Lyzen stated that in the case #95010999 of the City of Winter Springs, Anna G. Diaz and Anchor
Mortgage Service has been found in violation of Section 13-2( c), but is in compliance at the present
time. Any repeat occurrences of the same violation as determined by a city officer shall cause the
immediate fine of $150.00 to be assessed for each day of continuing violation, until the violation is
similarly found to be corrected. Haines seconded. Schneider proposed amending the fine to $50.00.
Haines withdrew his second on the first motion. Lyzen amended the motion to $50.00. Reilly
seconded the amended motion. Vote: Schneider, aye; Reilly, aye; Lyzen, aye; Anderson, aye; Haines,
aye; Gray, aye. Motion carried.
10. Case 95010575. William R. and Ruth L. Menzie. 1206 Deer Run. Section13-2(b). Junk in Yard
Pieper stated that this complaint was brought to the attention of the code inspector on July 13, 1995
as a recurrence of case #CEB 94-448 from September 1994 which was cleared as problem corrected,
and case #95001978 from February 8, 1995 which was also cleared as corrected.
On June 27, 1995, the code inspector visited and photographed the property. Today, the property
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was re-inspected and more photos were taken to show that the problem was corrected. Photographs
from both dates were distributed to the board members.
Reilly asked if it was junk or disabled vehicles. White said it was a collection of junk.
White stated that he and Menzie have talked over the years; and each time White tells him about
cleaning up his driveway, Menzie gets his kids and neighbors together and they clean up fast.
William R. Menzie said that he has lived on Deer Run for over 18 years. He is retired, his wife
passed away in 1988, and since that time he has become Mr. Fixit in the neighborhood. Neighbors,
some from blocks away, bring him many different things to repair. This is his hobby, his delight. Gray
asked ifhe collected money. Menzie said no, unless there is a part he had to put in, but they pay for
the parts. His neighbors are aware that if their swimming pool pump doesn't work or their air
conditioner doesn't come on, they call him. Some people just come over and leave things on his
driveway, then call him later and ask him if he saw their edger, mower, or boat motor and ask him
to look at it. He doesn't care who calls him, he would never turn anyone away. He does not always
get everything fixed the same day they are brought to him. It's difficult for him to throw things away
that are useful. Every time it is brought to his attention to correct the problem, he corrects it and this
time is no different from the others. This is something for him to do, some reason to get up in the
mornmg.
Schneider said that the main problem is that when people leave things on the driveway or yard, they
need to understand that they just can't drop things off They should call first. Things can't be left in
the yard or driveway indefinitely. Menzie said that he has a difficult time saying "Don't call on me".
Lyzen asked if he had a garage in which he could put the things. Menzie said he will start fixing
things at their place.
Schneider said that Menzie seemed to have a good handle on possible remedies such as fixing it at
their house or telling them to take it back because he can't leave it in the front yard. Since September
1994, the future repair jobs have accumulated three times to the point there was a complaint. Menzie
needs to keep the items he's working on in the garage or out of sight somehow.
Pieper stated that the city's position is not to deny anyone their hobby or their enjoyment of tinkering.
As Menzie stated before, White had to give him reminders. A ruling for the board to say definitively
that there is an established set of community standards that Menzie needs to be diligent in maintaining
without having to be reminded.
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CODE ENFORCEMENT BOARD
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Haines was concerned about the potential danger for injury to the public, and asked if there was
another code which could give the police a right to act. Pieper stated that there are two systems by
which city code can be enforced. The Citation Program and the Code Enforcement Board. The
police can act on any city ordinance violation through the citation program. Those that are
considered health nuisances or problems where there is no correction can be issued citations
immediately. Most require advance warning or notice. The reason this is being brought through the
code enforcement board is because ofit's recurring nature. Haines pointed out that this is a potential
safety hazard. Pieper added that it could create a situation of personal liability for Menzie.
Schneider said that this is a case of a recurring violation over the last year but is in compliance
tonight. Pieper stated that in this case and the previous case, the recurrence is of violations that the
board did not rule on.
Gray stated that having heard the testimony this evening, he moved that the owner of record in case
#95010575, William R. and Ruth L. Menzie having been found in violation of a recurring basis of
Section 13-2(b), Junk in yard. Schneider seconded. Vote: Gray, aye; Haines, aye; Schneider, aye;
Reilly, aye; Lyzen, aye; Anderson, aye. Motion passed.
Haines stated that in the Code Enforcement case #95010575 of the City of Winter Springs, any repeat
occurrences of the same violation as determined by a city officer shall cause the immediate fine of
$100.00 per day to be assessed for each day of the continuing violation, until the violation in similarly
found to be corrected. Gray seconded.
Schneider asked White if a person is found guilty and a relief order is passed and then an officer of
the city determines that they are in violation, do they get a warning? White said that if it is determined
through the relief order that they are found in violation; they do not get another warning. They
receive a fine. Schneider said she has trouble with the $100.00 fine because Menzie doesn't have a
lot of control of what ends up on his driveway. Gray said that it shouldn't be that much ofa problem
for Menzie to call his neighbors and tell them what happened tonight and not to do what they're
doing.
Vote: Reilly, aye; Lyzen, aye; Anderson, aye; Schneider, no; Haines, aye; Gray, aye. Motion passed.
6. Case 95007745. Kent E. and Deborah Carothers. 417 David Street; Mortgage: Fleet Fund clo
Fleet Mortgage CO/p.. Section 13-2(c) Untended Grass:
Pieper stated that this case was brought to the attention of the code inspector in May of 1995.
Inspection revealed the house to be vacant. Due process was followed. Specifically on June 1, 1995
and July 6, 1995, the grass had been cut by what appeared to be a bush-hog. (not neat and trimmed)
The problem has continued and recurred several times. There has been reports from the state health
department as well as residents complaining of this area being rodent infested causing a sanitary
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CODE ENFORCEMENT BOARD
SEPTEMBER 19, 1995 MEETING
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nuisance. In August of 1995, the city received authority for public works to mow and remove debris
which was done by August 16, 1995. Public works accessed an amount of$40.00 in materials and
labor for clean up. This is a continuing violation. White distributed photos. David Street is in the
Meadowlark subdivision on 434, between Sherry and Wade Street, across from Cumberland Farms.
Schneider said that the property belongs to the mortgage company, but is managed by HUD. She
asked White if he has contacted the Urban Group. White said HUD recently took control of the
situation, yet they are in violation as of today. White telephoned HUD today, and indicated to a
recording that the grass needed attention. He received a message that Urban had returned his call,
but was unable to get with anyone when he called them back. Reilly asked if there was a for sale sign
on the property. White said no.
White stated that Public Works cut the front lawn on August 16, 1995, then the next day the Urban
Group came in and hauled out loads of junk, also mowed, edged, and weeded, but nothing has been
done since. The yard needs to be maintained regularly.
Haines asked who would be responsible for the fines. After a brief discussion, it was determined that
the Carothers and Fleet Mortgage were responsible.
Schneider moved that in the case #95007745 Kent E. and Deborah Carothers and Fleet Mortgage
Company be found in violation of Section 13-2(c) of the code of the City of Winter Springs. Gray
seconded. Vote: Anderson, aye; Lyzen, aye; Reilly, aye; Gray, aye; Haines, aye; Schneider, aye.
Motion Carried.
In the case ofCEB#95007745 of the City of Winter Springs, Kent E. and Deborah Carothers and
Fleet Mortgage Fund having been found in violation of Section 13-2(c) of the codes of this city,
Lyzen moved that they be given 10 days after notification to correct this violation, and if not
corrected within this time as determined by an officer of this city shall be assessed a fine in the amount
of$50.00 per day until such violation is found to be corrected by a city officer.
The board agreed that the fine should be raised to $100.00. The motion and second was withdrawn.
Lyzen amended the motion to a $100.00 fine. Reilly seconded the amended motion. Vote: Haines,
aye; Gray, aye; Schneider, aye; Lyzen, aye; Anderson, aye; Reilly, aye. Motion carried.
8. Case 95011902 Jeffrev D. and Karen L. Wire. 638 Mlllphv Road; Mortgage: Chemical Mortgage
Co.. Sectio1l13-2(c) Untended Grass:
Pieper stated that this case was brought to the attention of the inspector on August 4, 1995. This is
a recurrence of previous case #95006368 which was cleared as problem corrected. Due process was
followed verifying the owners of record, and notices of violation were mailed and received by the
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CODE ENFORCEMENT BOARD
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owner. Re-inspection on August 30, 1995 showed the grass was still untended. Purchase orders are
being processed to have Public Works clear and mow the property. The code inspector had received
information relating to a bankruptcy filed by the owner of record.
Haines stated that in case #95011902 of the City of Winter Springs, the code enforcement board has
read the complaint filed and the written information presented by the code officer. Based on these
proceedings, Haines moved that the board find Jeffrey D. and Karen L. Wire of 638 Murphy Road
and Chemical Mortgage Company in violation of Section 13-2(c) and that an appropriate relief order
be issued at this meeting. Lyzen seconded. Vote: Anderson, aye; Lyzen, aye; Schneider, aye; Gray,
aye; Haines, aye; Reilly, aye. Motion carried.
Lyzen moved that in the case #95011902 of the City of Winter Springs, Jeffrey D. and Karen L.
Wire/Chemical Mortgage Company be given ten (10) days after notification to correct this violation,
if not corrected by this time as determined by an officer of this city, shall be assessed a fine in the
amount of$100.00 per day until such violation is found to be corrected by a city officer. Any repeat
occurrences of the same violation shall cause the immediate fine of $1 00.00 to be assessed for each
day of continuing violation, until the violation is similarly found to be corrected. Haines seconded.
Vote: Gray, aye; Haines, aye; Reilly, aye; Lyzen, aye; Anderson, aye; Schneider, aye. Motion carried.
9. Case 95012537. Patricia Ann Rowe Trustee, 618 Fruitwood Avenue: Mortgage: Bancboston
Mortgage (FLJ, Section 13-2(b) Trash and Junk in vard:
Pieper stated that this complaint was brought to the attention of the inspector on August 14, 1995.
This is a recurrence ofa previous case (95011689) from July 31, 1995. Due process to verifY owner
of record and the mortgage company was completed, and certified mailings of the written warning
to the owner and mortgage company were completed on August 15, 1995. The problem is presently
corrected. Fruitwood Avenue is south on Edgemon off 434, then the last right before Murphy Road.
The instigator of this problem will be evicted at the end of this month.
A brief discussion concluded that Rowe is the last name of the owner of record. Paperwork should
read Patricia Ann Rowe, Trustee.
Haines stated that in case #95012537 of the City of Winter Springs, the code enforcement board has
read the complaint filed and the written information presented by the code officer. Based on these
proceedings Haines moved that this board find Patricia Ann Rowe and Bancboston Mortgage in
violation of Section 13-2(b) of the city code of the City of Winter Springs, and that an appropriate
relief order be issued at this meeting. Gray seconded. Vote: Gray, aye; Haines, aye; Schneider, aye;
Reilly, aye; Anderson, aye; Lyzen, aye. Motion passed.
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CODE ENFORCEMENT BOARD
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Gray moved that in case #95012537, Patricia Ann Rowe; Trustee and Bancboston Mortgage (FL)
CO""'i:\C+;;"l having been found in violation of Section 13-2(b) of the city codes of the City of Winter Springs, and
cy\~~e having established that this is a repeat violation that a fine be assessed in the amount of$50.00 after
~/ Il~~ notification. Haines seconded. Vote: Lyzen, aye; Reilly, aye; Schneider, aye; Gray, aye; Anderson,
1\ 2. H . M' . d
rv\ ~ aye; ames, aye. ohon carne .
11. Case 95011332, Delores T. Picquet, 213 Mockingbird Lane; Mortgage: Bancboston Mortgage
(FL), Section 13-2(c) Untended Grass:
Pieper stated that this complaint came to the attention of the code inspector on July 25, 1995. This
was a recurrence of a case (95006370) initiated on May 2, 1995 which was cleared as problem
corrected in June (Father's Day) 1995. Due process was followed to determine the owner of record
and the mortgage company. Certified mailings were sent to both entities, but the owner of record's
mail has been returned as undelivered. According to the postmaster, the address is correct. On
August 31, 1995, the code inspector received information that the owner of record had passed away;
however, official county records still list her as owner of record.
In case #95011332 of the City of Winter Springs, the code enforcement board has read the complaint
filed and the written information presented by the code officer. Based on these proceedings, Reilly
found Delores T. Picquet and Bancboston Mortgage (FL) in violation of Section 13-2(c) of the codes
of Winter Springs, and moved that an appropriate relief order be issued at this meeting. Lyzen
seconded. Vote: Anderson, aye; Lyzen, aye; Reilly, aye; Schneider, aye; Haines, aye; Gray, aye.
Motion carried.
Reilly moved that Delores T. Picquet and Bancboston Mortgage (FL) be given ten (10) days after
notification to correct this violation, and if not corrected by this time as determined by an officer of
the city shall be assessed a fine in the amount of$100.00 per day until such violation is found to be
corrected by observation by a city officer. Also, any repeat occurrences of the same violation as
determined by a city officer shall cause the immediate fine of $1 00.00 to be assessed for each day of
continuing violation, until the violation is found to be corrected. Haines seconded. Vote: Schneider,
aye; Reilly, aye; Lyzen, aye; Anderson, aye; Haines, aye; Gray, aye. Motion carried.
12. Case 95008568, Louis and Frances Rodriguez, 639 Pearl Road; Mortgage: Bancboston
Mortgage (FL), Section 13-2(d) Stagnant Pool:
Pieper stated that this case has been corrected and handled with the citation program through the
court.
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CODE ENFORCEMENT BOARD
SEPTEMBER 19,1995 MEETING
PAGE 9
13. Case 95012182. Lucv Santiago. 1196 Freedom Lane. Section 20-411. Boat and Trailer:
t" '(f. toc;le, Pieper stated this came the inspector's attention on August 8, 1995. Several attempts to contact the
oJ- ~ homeowner were unsuccessful. Written warning was mailed certified to the owner and mortgage
I~J ,q ~ company. A diagram was included in one mailing showing where the boat could and could not be
II l parked. As of today, an affidavit of non-compliance was filed that this violation has not been
Y\I\ -1 corrected.
Lyzen stated that in case #95012182 of the City of Winter Springs, the code enforcement board has
read the complaints filed and the written information presented by the code officer. Based on these
proceedings, Lyzen moved that this board find Lucy Santiago in violation of Section 20-411 of the
codes of the City of Winter Springs and that an appropriate relief order be issued at this meeting.
Haines seconded. Vote: Reilly, aye; Lyzen, aye; Anderson, aye; Gray, aye; Haines, aye; Schneider,
aye. Motion carried.
In case #95012182 of the City of Winter Springs, Lucy Santiago having been found by this board to
be in violation in Section 20-411 of the codes of this city, Schneider moved that Lucy Santiago be
given 15 days after notification to correct this violation, and if not corrected by this time as
determined by an officer of this city, shall be assessed a fine in the amount of $50.00 per day until
such violation is found to be corrected by observation by a city officer. Lyzen seconded. Vote: Gray,
aye; Haines, aye; Schneider, aye; Reilly, aye; Lyzen, aye; Anderson, aye. Motion carried.
14. Adiournment:
Chairperson Schneider adjourned the meeting at 9: 15 p.rn.
Respectfully Submitted,
Martha Jenkins, Dep
ity Clerk