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HomeMy WebLinkAbout1996 03 19 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 19, 1996 1. Call to Order Chairperson Schneider called the meeting to order at 7:05 p.m. in the Commission Chambers, City Hall. 2. Pledge of Allegiance City Officials, present 3. Roll Call Bob Gray, present Ken Haines, absent Chuck Holzman, present Anne Schneider, Chairperson, present Kitty Reilly, present Lurene Lyzen, present Robert Amato, present Captain Bob Pieper, Code Enforcement Officer AI White, Code Enforcement Inspector Don LeBlanc, Land Development Specialist 4. Approval of the Minutes of January 16,1996 Chairperson Schneider asked ifthere were any questions or discussions regarding the minutes. There were no questions or discussions. Motion: Acceptance ofJanuary 16, 1996 Minutes as submitted. Motion by Reilly. Second by Lyzen. Vote: Lyzen, aye; Holzman, aye; Reilly, aye; Schneider, aye; Gray, aye; Amato, aye. Motion passed. 5. Election of Chairperson and Vice-Chairperson Motion: Nomination for Anne Schneider to continue as Chairperson. Motion by Holzman. Second by Lyzen. Vote: Reilly, aye; Lyzen, aye; Amato, aye; Holzman, aye; Schneider, aye; Gray, aye. Motion passed. Motion: Nomination for Bob Gray to continue as Vice-Chairperson. Motion by Lyzen. Second by Reilly. Vote: Schneider, aye; Holzman, aye; Reilly, aye; Lyzen, aye,. Amato, aye; Gray, aye. Motion passed. Chairperson Schneider welcomed the new member, Robert Amato, to the Code Enforcement Board. MINUTES CODE ENFORCEMENT BOARD MARCH 19, 1996 MEETING PAGE 2 6. Discussion of Closed and Pending Cases Lyzen asked about case#96003848. White said the problem has been corrected. Schneider asked for the status on "Chickens in the yard" (last page). White said that he has not been able to reach anyone at the residency; until he is satisfied with the case, he will leave it open. Lyzen inquired about Sheoah Boulevard, "Obstructing the fire hydrant". White said the case remains open because further information is needed. She also asked what "NFR" meant. White answered, "No follow up required". Captain Pieper asked White to give an update on 670 Venture Court. White explained that due process has been served by means of certified mailing attempts. The fine is $250.00 a day. The balance is approximately $5,000.00 with the clock still running. Correspondence was received Friday from the Veterans Administration. They (V A) finally realized that a fine had been put on the property, so they instructed Inland Mortgage to clean up. Captain Pieper summarized Case #890705029,602 Anhinga Road for recollection. The owners have been found in violation, and fines levied. On April 3, 1990, a lien was entered in the amount $5,675.00. The case has been through litigation. A memo from the city manager was passed around to the board members. He (manager) has recommended that the case be closed and settled for the amount of$I,700.00 as opposed to the $5,675.00 worth of fines and liens. Discussion. Motion: Add this item to the March 19, 1996 agenda for discussion. Motion by Lyzen. Second by Gray. Reilly noted that the correct spelling of the name should be "Guarin". Vote: Reilly, abstain; Lyzen, aye; Amato, aye; Schneider, aye; Gray, aye; Holzman, aye. Motion passed. 7. Case #96002745.209 North Moss Road #201. Christopher Pirtle. Property Owner: Excelsior Development. Section 10-26 No Occupational License: Captain Pieper presented the case. Witnesses were sworn in for testimony. White distributed an update. White gave his testimony on the case. Discussion. Michael Hampson, of 1050 Landmark Lane, Casselberry, Florida gave his testimony. He is the assistant manager of the company. Discussion. FindiIu! of Fact: Christopher Pirtle and Excelsior Development are in violation of Section 10-26 of the Code of the City of Winter Springs. Motion by Reilly. Second by Gray. Vote: Gray, aye; Reilly, aye; Schneider, aye; Holzman, aye; Amato, aye; Lyzen, aye. Motion carried. MINUTES CODE ENFORCEMENT BOARD MARCH 19, 1996 MEETING PAGE 3 Belief Order: In the case ofCEB# 96002745 of the City of Winter Springs, Christopher Pirtle and Excelsior Development having been found to be in violation of Section 10-26 of the Code of this city, shall be fined an amount of $200.00 per each day of violation of this ordinance, as verified by an officer of the city. Furthermore, any and all future recurrence(s) of this violation after compliance has been achieved will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the city. Since Mike Hampson was present and has heard the Order of this Board, it is further moved that Christopher Pirtle has received due notification as of this meeting. Excelsior Development will have received due notification when the receipt from the registered mail has been received by the city, or the notification has been hand delivered to Excelsior Development. Motion by Schneider. Second by Lyzen. Vote: Holzman, aye; Gray, aye,' Reilly, aye; Schneider, aye; Amato, aye; Lyzen, aye. Motion carried. (The next case presented was item # 11 ) 8. Case #95017903, 1437 Carrington Court, Claire Milligan, c/o Cecille, Section 13-2( d) Excessive Growth: Captain Pieper presented the case. This lot is not built upon, and exists next to developed homes in Carrington Woods. White distributed an update, plat of the subdivision, and photographs. White gave his testimony. Discussion. Holzman asked if the lot was cleared, and then just not built on. Captain Pieper said no, the lot was left in the natural state until it was ready to be built upon. Chairperson Schneider said that she tends to argue on the interpretation because the land was never clear cut; it was a pasture which was converted into a housing development. Discussion of the verbiage of the code. Reilly said it would be nice if there was a section in the City Codes which clearly described vacant lots. Motion: Clair Milligan of 1437 Carrington Court is not in violation of the stated Section of the Code of the City of Winter Springs, as the information and testimony presented at this meeting have failed to indicate a violation of the designated code. Motion by Holzman. Second by Gray. Vote: Holzman, aye; Reilly, aye; Gray, aye; Schneider, aye; Amato, aye; Lyzen, nay. Motion carried. Brief discussion on City Code modifications. Gray said that there are four or five codes that always give the board trouble; he suggested that those four or five be made priority. 9. Case #96001040, 1101 Gator Lane, Kim M. Krebsbach, Mortgage: Colonial Mortgage Company, Section 6-46 No Occupational License: (This case was presented after item # 11 ) MINUTES CODE ENFORCEMENT BOARD MARCH 19, 1996 MEETING PAGE 4 Captain Pieper stated that the Section (6-46) is correct; however, the description should read "No Building Permit". He explained that this case involves the placement of a tent (tarp, covering) on a piece of property in Tuscawilla. The building department's opinion is that it is a structure requiring a permit. The property owners are in compliance having purchased a building permit, but they have questions and comments for the board. Chairperson Schneider read "It shall be the duty of the building inspector to examine applications for permits required by this article within a set of 48 hours. If after examination, the building inspector finds no objection to the application, and it appears that the proposed work will be in compliance, ... he shall issue a permit for the proposed work. If his examination reveals otherwise, he will reject subjects application, noting his findings in a report to be attached to the application, and deliver a copy to the applicant." Her point being that the property owners must realize that the Code Enforcement Board is not the one who makes the calls on building permits and whether they are applicable or not applicable. Rick Gonzalez of JJ(J1 Gator Lane (resident with Mrs. Krebsbach) explained that they don't feel the permit was necessary. He said that his attorney has provided them with a letter to submit to the city asking for a refund of the application fee. Several request have been made to the city attorney with no response. He felt this is an issue the city needs to address firmly because it is ambiguous with the code, and with the property owners. Discussion. Gonzalez suggested the board pose the question to the city attorney. 10. Case #96002137, 51 South Fairfax Avenue, Eugene 1. Okun, Mortgage: GE Capital Mortgage Service Inc., Section 20-433 Disabled Motor Vehicle: Captain Pieper presented the case. Although the problem was corrected at the time of this meeting, the problem occurs repeatedly. White gave his testimony. Discussion. Findin!! of Fact: Eugene 1. Okun and GE Capital Mortgage Service, Inc. were in fact in violation of Section 20-433 of the Code of the City of Winter Springs; and that such violation was not corrected within the time specified for correction by the Code Inspector, as per City Ordinance Section 2-59; and that an appropriate relief be issued at this meeting to address any potential future violations of this same ordinance. Motion by Holzman. Second by Lyzen. Vote: Amato, aye; Reilly, aye; Lyzen, aye; Holzman, aye; Gray, aye; Schneider, aye. Motion passed. Relief Order: In the case ofCEB#96002137 of the City of Winter Springs, Eugene 1. Okun and GE Capital Mortgage Service Inc. having been found to have been in violation of Section 20-433 of the Code of this city, shall be fined $100.00 per day, upon due notification by this board, for any future violations of20-433 since this violation has been complied with as of this meeting. Furthermore, any and all future recurrence( s) of this violation after compliance has been achieved will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the MINUTES CODE ENFORCEMENT BOARD MARCH 19, 1996 MEETING PAGE 5 city. Motion by Reilly. Second by Lyzen. Vote: Holzman, aye; Gray, aye; Amato, aye; Reilly, aye; Lyzen, aye; Schneider, aye. Motion carried. 11. Case #CEB-94-464. Tuscawilla Realty. Inc.. 1301 Winter Springs Boulevard Request a one year extension to the relief order signed July 20. 1995. The order required the temporary office building to be permitted or removed by March 31. 1996: (This case was presented after Item #7) Witnesses were sworn in for testimony. Captain Pieper presented the case. Alec String of 215 Rolling Wood Trail, Altamonte Springs, Florida stated that they (Tuscawilla Realty) has made a decision not to go forward with permitting the building. They have decided to donate the building to the Church of the New Covenant. Discussion. White distributed updated documentation regarding plans for the building. Discussion. Shaw was sworn in for testimony. Cheryl Shaw of 1240 Royal Oak Drive, Winter Springs gave her testimony. She said she hoped to have the building on the church property by the end of the month, but couldn't be positive because of all of the contractors involved. Discussion with LeBlanc regarding the requirements for making the building permanent on the church property. Relief Order: Amend the relief order of CEB#94-464 extending the date from March 31, 1996 to April 30, 1996. Motion by Lyzen. Second by Reilly. Discussion. Vote: Schneider, aye; Holzman, aye; Lyzen, aye; Amato, aye; Reilly, aye Gray, aye. Motion passed. (The next item presented was item #9) Armando Guarin of 602 Anhinga Road. Winter Springs: Having heard the circumstances of the case during Discussion of Closed and Pending Cases, the board moved on the settlement. Motion: The Code Enforcement Board accepts the settlement of $1,700.00 as recommended by the city in lieu of collection of$5,675.00 lien previously entered with regard to this case. MINUTES CODE ENFORCEMENT BOARD MARCH 19, 1996 MEETING PAGE 6 Motion by Schneider. Second by Lyzen. Vote: Gray, aye; Holzman, aye; Lyzen, aye; Reilly, abstain; Amato, aye; Schneider, aye. Motion passed. 12. Adiournment: The meeting was adjourned by Chairperson Schneider at 10:20 p.m. ~ b/~ ,i-~ \\\r~~ ' v ~,,~, ;:'" ~,' \c.., '.. \ )V Martha Jenkins,D~uty City Clerk ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: Case #96002745 209 North Moss Road, #201, Winter Springs, FL Via: Hand Delivery Christopher Pirtle 209 North Moss Road, #201 Winter Springs, FL 32708 Via: Hand Delivery Excelsior Development 207 North Moss Road, #201 Winter Springs, FL 32708 The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on March 19, 1996, in the matter of Christopher Pirtle and Excelsior Development to determine whether they are in violation of Section 10-26 of the codes of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: FINDINGS OF FACT AND LAW 1. Christopher Pirtle and Excelsior Development are in violation of Section 10-26 of the Code of the City of Winter Springs. ORDER OF THE BOARD 1. Christopher Pirtle and Excelsior Development having been found to be in violation of Section 10-26 of the Code of this city, shall be fined an amount of $200.00 per each day of violation of this ordinance, as verified by an officer of the city. Furthermore, any and all future recurrence(s) of this violation after compliance has been achieved will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the city. Since Mike Hampson was present and has heard the Order of this Board, it is further moved that Christopher Pirtle has received due notification as of this meeting. Excelsior Development will have received due notification when the receipt from the registered mail has been received by the city, or the notification has been hand delivered to Excelsior Development. 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 March, 1996. ~<c:~:,-~ /)"1 i /~/ ,// . //.--) ._' /..;. CZC~i-~,,-Yl~ Anne Schneider, Chairperson Code Enforcement Board City of Winter Springs I ccrtily a copy of this document was served by _Hand Delivery/ _Ce11ified Mail this of ,1996. r-'livered by Received by Print Name Relationship to Property Owner of Record ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS INRE: Case #96002137 51 South Fairfax Avenue, Winter Springs, FL Via: Hand Delivery Eugene 1. Okun 51 South Fairfax Avenue Winter Springs, FL 32708 Via: Cert.# P226024139 GE Capital Mortgage Service Inc. 625 Maryville Center Drive St. Louis, MO 63141 The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on March 19, 1996, in the matter of Eugene 1. Okun and GE Capital Mortgage Service Inc. to determine whether they have been in violation of Section 20-433 of the codes of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: FINDINGS OF FACT AND LAW 1. Eugene 1. Okun and GE Capital Mortgage Service Inc. was found in violation of Section 20-433 of the Code of the City of Winter Springs; and such violation was not corrected within the time specified for correction. ORDER OF THE BOARD 1. Eugene J. Okun and GE Capital Mortgage Service Inc. having been found to have been in violation of Section 20-433 of the Code of this city, shall be fined $100.00 per day, upon due notification by this board, for any future violations of 20-433 since this violation has been complied with as of this meeting. Furthermore, any and all future recurrence(s) of this violation after compliance has been achieved will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the city. 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 ,J- day of March, 1996. , ~ '/" .' ,.., /" / ,./ .//~ ~' ...} { ,41" /'~ t " . .., " ./.A.~>^.k",-- Anne Schneider, Chairperson Code Enforcement Board City of Winter Springs I cel1ify a copy of this document was servcd by _Hand Delivery/ _Celtified Mail this of ,1996. Delivered by Received by Print Name Relationship to Prop city Owner of Record AMENDED RELIEF ORDER DATED JULY 18. 1995 ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS INRE: Case# CEB-94-464 Tuscawilla Realty, Inc. 1301 Winter Springs Blvd. Winter Springs, FL 32708 Via: Hand Delivery The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on March 19, 1996 in the matter of Tuscawilla Realty, Inc. which had previously been found in violation of Section 20-412 at the meeting of May 16, 1995. On July 18, 1995, the Board amended the May 16, 1995 Relief Order to provide sufficient time to come into compliance of the violation. The purpose for the March 19, 1996 hearing was for Tuscawilla Realty to inform the Code Enforcement Board that the building will be removed from 1301 Winter Springs Blvd., and donated to a nearby church. A 30-day extension of the relief order would assist the church in any unforeseen delays. ORDER OF THE BOARD 1. Tuscawilla Realty, Inc., having been found in violation of Section 20-412 of the City Code of Winter Springs, is hereby given until ApriI30,lQ~Q to correct this violation, and shall be assessed a fine in the amount of$250.00 per day after April 30,1996 until such violation is found to be corrected. 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 .9- I day of March, 1996. .,/ ( // // ~/ / . ) ~ . h./~. P /~A?~.",//::'-1- Anne Schneider, Chairperson Code Enforcement Board City of Winter Springs I celiity a copy of this document was served by _Hand Delivery/ _Celiified Mail this of ,1996. Delivered by Received by Print Name Relationship to Property Owner of Record ORDER OF THE CODE ENFORCEMENT BOARD - CITY OF WINTER SPRINGS IN RE: Case #890705029 Armando Guarin 602 Anhinga Road Winter Springs, FL 32708 Via: Hand Delivery The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on March 19, 1996, for the purpose ofa settlement on Case #89-07-05-029. ORDER OF THE BOARD 1. The Code Enforcement Board accepts the settlement of $1,700.00 as recommended by the city in lieu of collection of the $5,675.00 lien previously entered with regard to this case. 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 J ( day of March, 1996. , / I /,,// 1 '. /..--') P:;:~"--'1.,j t. //, x(/~~~,0,--~ Anne Schneider, Chairperson Code Enforcement Board City of Winter Springs I certifY a copy of this document was served by _Hand Delivery/ _Certified Mail this of ,1996. "~livered by Received by Print Name Relationship to Propelty Owner of Record