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HomeMy WebLinkAbout1995 11 21 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD NOVEMBER 21, 1995 MEETING 1. Call to Order Chairperson Schneider called the meeting to order at 7:00 p.m.in the commission chambers, city hall. 2. Pledge of Allegiance 3. Roll Call: Anne Schneider, Chairperson, present Bob Gray, present Ken Haines, present Charles Holzman, present Kitty Reilly, present Lurene Lyzen, present Lloyd Anderson, absent 4. Approval of the September 19. 1995 Minutes: Chairperson Schneider asked for comments or questions regarding the minutes. Lyzen said, the word "to" was omitted from the first line on the last page. Gray said, the wording "per day" was omitted from the Patricia Ann Rowe case, page 8 . Schneider stated that the motion needed to be amended. This case was Item #9 on the September 19, 1995 Minutes. The original relief order was not processed. Relief Order: Patricia Ann Rowe and Bancboston Mortgage (FL) having been found in violation of Section 13-2(b) of the codes of the City of Winter Springs, and having established that this is a repeat violation, a fine shall be assessed in the amount of $50.00 after notification for each day of continuing violation, until such violation is found to be corrected and verified by an officer of the City of Winter Springs, and for any future violations. Amended motion by Gray. Seconded by Lyzen. Vote: Lyzen, Aye; Reilly, Aye; Schneider, Aye; Holzman, abstain; Haines, Aye; Gray, Aye. Motion Passed. Schneider asked for other comments on the minutes. Motion:Approve minutes as corrected. Motion by Lyzen. Seconded by Gray. Vote: Haines, Aye; Holzman, Aye; Schneider, Aye; Reilly, Aye; Lyzen, Aye; Gray, Aye. Motion Passed. 5. Discussion of Closed and Pending Cases: Holzman asked about the four incidents of disabled vehicles on September 29, 1995. Schneider suggested that the utility bill would be a good forum for letting people in the city know about certain ordinances such as garage sale permits, and disabled vehicles. Haines added that messages can get into newsletters by MINUTES CODE ENFORCEMENT BOARD NOVEMBER 21, 1995 MEETING PAGE20F6 corresponding with the homeowner associations. Lyzen inquired about the barking dogs on October 25, 1995, third page from the last. Also, the case involving a boat and trailer on October 22, 1995, fourth page from the last. White stated that the property of case #95012091 (Item #7) has changed ownership, and case #95013778 (Item #9) has been corrected. Neither case will be presented. The agenda was rearranged so that the cases in which witnesses appeared could be heard first. 11. Case #95013332.515 South Moss Road. Christobal and Hilda Negron. Section 6-46 No Building Permit: Witnesses were sworn in for testimony. Pieper presented the case to the board. An outbuilding is constructed on the property at 515 South Moss Road without a valid building permit. Attorney T. Persod of 2909 Lakeview Drive, Casselberry, represented Mr. Negron in this proceeding. Christobal Negron of 515 South Moss Road, Winter Springs gave his testimony. Findint! of Fact: In the case ofCEB #95013332 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information presented by the code officer, and heard at this meeting the sworn testimony of the prosecuting officer and witnesses regarding this case. Based on proceedings, Case #95013332, Christobal and Hilda Negron is found in violation of Section 6-46 of the codes of the City of Winter Springs. Motion by Lyzen. Second by Haines. Vote: Lyzen, Aye; Reilly, Aye; Holzman, Aye; Haines, Aye; Gray, Aye; Schneider, Aye. Motion Passed. Relief Order: In the case ofCEB #95013332 of the City of Winter Springs, Christobal and Hilda Negron having been found by this board to be in violation of Section 6-46 of the codes of this city, is hereby given thirty (30) days 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 of a city officer. Motion by Lyzen. Second by Reilly. Vote: Haines, Aye; Gray, Aye; Holzman, Aye; Reilly, Aye; Schneider, Aye; Lyzen, Aye. Motion Carried. 12. Case #95005539. 1002 Gator Lane. Walter and Sandra Rawlins. Mortgage: Colonial Mortgage Co.. Section 4-2 More than two dogs: Witnesses were sworn in for testimony. MINUTES CODE ENFORCEMENT BOARD NOVEMBER 21, 1995 MEETING PAGE 3 OF 6 Pieper stated that the case is a repeat violation of a previously ruled upon violation from September 1989. This case is brought back before the board for reconsideration of the fine amount as a repeat violation. The statute allows the board to amend the relief order with a fine up to $500.00. Mr. White distributed updates to the case which indicated that the violation is corrected at this time. Sandra and Walter Rawlins of 1002 Gator Lane, Winter Springs, and Harvey Wilkinson of 1004 Gator Lane, Winter Springs, presented their testimonies. Relief Order: Walter and Sandra Rawlins are fined $150.00 per day for any future violations of Sections 4-2,20-415, and 13-34 immediately upon notification. Motion by Gray. Second by Lyzen. Vote: Schneider, Aye; Reilly, Aye; Lyzen, Aye; Haines, Aye; Gray, Aye; Holzman, Aye. Motion Passed. Five minute recess. 6. Case #95011712. 898 Chokecherry Drive. Tony S. Awad. Mortgage: Cenlar Federal Savings Bank. Section 13-2(c) Untended Grass: Pieper presented the case to the board. As of today, the violation has been corrected. This case is brought before the board to establish fines for any future violations. Findin!! of Fact: In the case of CEB #95011712 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information presented by the code officer, and heard at this meeting the sworn testimony of the prosecuting officer regarding this case. Although Tony S. Awad and Cenlar Federal Savings Bank are in compliance; sufficient evidence states that this is a recurring violation of Section 13-2(c) of the codes of the City of Winter Springs, Florida, and that an appropriate relief order be issued at this meeting. Motion by Schneider. Second by Haines. Vote: Reilly, Aye; Holzman, Aye; Schneider, Aye; Lyzen, Aye; Haines, Aye;Gray, Aye. Motion Passed. Relief Order: In the case ofCEB #95011712 of the City of Winter Springs, Tony S. Awad and Cenlar Federal Savings Bank having been found by this board to be in violation of Section 13-2(c) of the codes of the city, shall be assessed a fine in the amount of $1 00.00 of any recurrence of this violation, until such violation is found to be corrected by observation by an officer of the city. Motion by Schneider. Second by Lyzen. Vote: Holzman, Aye; Gray, Aye; Reilly, Aye; Haines, Aye; Lyzen, Aye; Schneider, Aye. Motion Passed. MINUTES CODE ENFORCEMENT BOARD NOVEMBER 21, 1995 MEETING PAGE 4 OF 6 8. Case #95013450. 207 North Moss Road. Excelsior Business Park. Owner: Lee and Salvatore MunizzL Section 13-2(b) Rotted Fence: Captain Pieper presented the case to the board. White passed around a picture depicting the portion of the fence in question. The 1989 site plan was also reviewed. Findim! of Fact: In the case ofCEB #95013450 of the City of Winter Springs, the code enforcement board has read the complaint filed, and the written information presented by the code enforcement officer and heard at this meeting any sworn testimony of the officer. Based on these proceedings, this board finds Lee and Salvator Munizzi in violation of Section 13-2(b) of the codes of the City of Winter Springs and that an appropriate relief order be issued at this meeting. Motion by Haines. Second by Gray. Vote: Gray, Aye; Haines, Aye; Reilly, Aye; Lyzen, Aye; Holzman, Aye; Schneider, Aye. Motion Passed. Relief Order: In the case ofCEB #95013450 of the City of Winter Springs, Lee and Salvatore Munizzi having been found by this board to be in violation of Section # 13-2(b) of the codes of this city, it is moved therefore that Lee and Salvatore Munizzi be given thirty (30) days after being notified to correct this violation, ifnot 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 observation by a city officer. Motion by Haines. Second by Schneider. Vote: Gray, No; Haines, Aye; Holzman, Aye; Schneider, Aye; Reilly, Aye; Lyzen, Aye. Motion Carried. 10. Case #95014668. 733 Woodhaven Drive. Thomas 1. Towner. Mortgagees: First American RE Tax Service/Boatmen National Mortgage. Section 13-2(c) Untended Grass: Pieper explained that case #95007227 was brought before the board on July 18, 1995 and relief order was issued; however, the relief order did not address the issue of repeat violations. Case #95014668 is brought before the board as a repeat violation for reconsideration of a higher fine amount, and to include the language for future violations. Findin~ of Fact: In the case of Winter Springs Code Board Case #95014668, 733 Woodhaven Drive, Thomas 1. Towner, Mortgagees: First American RE Tax Service/Boatmen National Mortgage, Section 13- 2(c) Untended Grass, having heard the testimony tonight presented by the city representatives, and have demonstrated that this is a repeat violation; it is moved that Thomas 1. Towner and the Mortgagees: First American RE Tax Service/Boatmen National Mortgage are found in violation of Section 13-2 of the codes of the City of Winter Springs and an appropriate relief order be issued. Motion by Gray. Second by Lyzen. Vote: Reilly, Aye; Holzman, Aye; Gray, Aye; Haines, Aye; Schneider, Aye; Lyzen, Aye. Motion Carried. MINUTES CODE ENFORCEMENT BOARD NOVEMBER 21, 1995 MEETING PAGE50F6 Relief Order: In the case of Winter Springs Code Board Case # 95014668, Thomas 1. Towner and the Mortgagees: First American RE Tax Service/Boatmen National Mortgage having been found in violation of Section 13-2 of the codes of the City of Winter Springs, it is moved that Thomas 1. Towner and the Mortgagees: First American RE Tax Service/Boatmen National Mortgage be given seven (7) days after notification to correct the violation, and a fine be assessed in the amount of $150.00 until violation is found to be corrected by an officer of the City of Winter Springs, and for any future violations. Motion by Gray. Second by Reilly. Vote: Schneider, Aye; Reilly, Aye; Holzman, Aye; Haines, Aye; Lyzen, Aye; Gray, Aye. Motion Carried. 13. Case #95015235. 251 North Third Street. Alberta & Zelda Gould. Mortgage: Veterans Administration. Section 13-2(b) & 13-3(c) Trash in yard with untended grass: Pieper presented the case; asking the board for an appropriate relief order to address future violations. As of today, the violation has been corrected, but was not corrected in the time limits given by the code inspector. Pieper clarified a typographical error: Agenda item #13 reads: Section 13-2(b) & 13-3(c) Trash in yard with untended grass. Correction: Section 13-2(b) & 13-~(c) Trash in yard with untended grass. "Notice of Violation" to the owner read: Section 13-2(b) & 13-2(c). Findinf:! of Fact: In the case ofCEB #95015235 of the City of Winter Springs, the code enforcement board has read the complaint filed, and the written information presented by the code enforcement officer and heard at this meeting the sworn testimony of the officer. Based on these proceedings, this board finds Alberta & Zelda Gould and Veterans Administration in violation of Section 13-2(b, c) of the codes of the City of Winter Springs, and that an appropriate relief order be issued at this meeting. Motion by Haines. Second by Holzman. Vote: Reilly, Aye; Lyzen, Aye; Schneider, Aye; Haines, Aye; Holzman, Aye; Gray, No. Motion Carried. Relief Order: In the case ofCEB #95015235 of the City of Winter Springs, Alberta & Zelda Gould and Veterans Administration having been found by this board to be in violation of Section 13-2(b, c) of the codes of this city, it is moved therefore that Alberta & Zelda Gould and Veterans Administration be given ten (10) days upon notification of any recurrence of the same violation, 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. Motion by Haines. Second by Lyzen. Vote: Holzman, Aye; Gray, Aye; Schneider, Aye; Haines, Aye; Lyzen, Aye; Reilly, Aye. Motion Carried. 14. Case #95016225. 125 Cory Lane. Abdel-Messeeh S. Awad. Section 13-2(c) Untended Grass: Captain Pieper presented the case. Mr. White gave testimony. The case is brought to the board's attention so that an appropriate relief order can be established for future violations. MINUTES CODE ENFORCEMENT BOARD NOVEMBER 21, 1995 MEETING PAGE 6 OF 6 Findin!! of Fact: In the case ofCEB #95016225 of the City of Winter Springs, the code enforcement board has read the complaint filed, and the written information presented by the code enforcement officer and heard at this meeting the sworn testimony of the code inspector. Based on these proceedings, this board finds Abdel-Messeeh S. Awad in violation of Section 13-2(c) of the codes of the City of Winter Springs, and that an appropriate relief order be issued at this meeting. Motion by Holzman. Second by Haines. Vote: Schneider, Aye; Reilly, Aye; Haines, Aye; Holzman, Aye; Gray, Aye; Lyzen, Aye. Motion carried. Relief Order: In the case ofCEB #95016225 of the City of Winter Springs, Abdel-Messeeh S. Awad having been found by this board to be in violation of Section 13-2( c) of the codes of this city, it is moved therefore that Abdel-Messeeh S. Awad be given ten (10) days after notification to correct this violation, ifnot 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 observation by a city officer. Any repeat occurrences of the same violation after the time given to correct the violation as determined by an officer of the city, shall cause the immediate fine of $100.00 to be assessed for each day of violation, until the violation is found to be corrected. Motion by Holzman. Second by Lyzen. Vote: Holzman, Aye; Gray, Aye; Schneider, Aye; Haines, Aye; Reilly, Aye; Lyzen, Aye. Motion carried. 15. Adiournment: Chairperson Schneider adjourned the meeting at lOAO p.rn. APPROVED: Ann Schneider, Chairperson Attest: Martha Jenkins, Deputy City Clerk