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HomeMy WebLinkAbout1996 06 18 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD JUNE 18, 1996 -- REGULAR MEETING 1. Call to Order Chairperson Schneider called the meeting to order at 7:00 p.m. in the Commission Chambers, Winter Springs Municipal Building. 2. Pled2e of Alle2iance 3. Roll Call Staff. Dresent Bob Gray, present Chuck Holzman, present Kitty Reilly, present Bob Amato, present Ken Haines, present Anne Schneider, Chairperson, present Lurene Lyzen, present Acting Chief Bob Pieper, Code Officer Al White, Code Inspector 4. ADDroval of the Minutes of Mav 21. 1996. The Chair asked if there were any questions or discussions about the minutes. Lyzen asked ifCase# 96007797 would be on the June 18, 1996 agenda. White said that the problem regarding Section 6-217 has been corrected; however, the problems with the stagnant pool, grass, and trash are pending. Chairperson Schneider asked about the status of the lady who came to the meeting last month. White said she lives onTurkey Hollow Road, and was complaining of kids playing basketball in their own yard. Code Enforcement told her prior to last meeting that if a violation was noted then it would be written up, but it is not considered a violation for kids to play in their own yard at 8 o'clock at night. Motion: Approve the minutes as written. Motion by Gray. Second by Lyzen. Vote: Haines, abstain; Schneider, aye; Lyzen, aye; Amato, aye; Reilly, abstain; Holzman, abstain; Gray, aye. Motion Carried. 5. Discussion of Closed and Pending Cases. (See City Ordinance Violations) Lyzen asked about Case #96008872. White said it has been handled. She also asked about Case #96009232. White said he has corrected it. She then asked about the seven cases for Cory Lane on page 5. White said 148, 116 and both violations at 124 Cory Lane have been corrected. 140, 132, and 100 Cory Lane are still pending. MINUTES CODE ENFORCEMENT BOARD JUNE 18, 1996 -- REGULAR MEETING PAGE20F6 Haines asked about Case #96009026, Boat and Trailer. White said it has been corrected, but it will be brought to the Code Board if it reoccurs. Chairperson Schneider asked about Case #96010811, 8 Algiers. White said the location was revisited 6 or 8 times since the last meeting, and he heard nothing. He said he never saw more than two dogs. An investigation was initiated for the purpose of determining if there was a more than two dog problem. White stated there were witnesses present for Items 7 and 10. Witnesses were sworn in for testimony. White said that Item 9 has been resolved so the case will not be presented. 6. Case# 96007670. Michael Domineuez. 107 North Alderwood Morteaeee: The Kislak Oreanization- T A Section 13-Uc) Untended Grass. Pieper presented the case. White distributed an update on the case, and passed around two photographs for the members to view. White gave his testimony. Discussion. Finding of Fact: Michael Dominquez of 107 North Alderwood and The Kislak Organization- T A are in violation of Section 13-2(c) of the Code of the City of Winter Springs. Motion by Reilly. Second by Lyzen. Vote: Amato, aye; Reilly, aye; Holzman, aye; Gray, aye; Haines, aye; Lyzen, aye; Schneider, aye. Motion passed. The first motion for the relief order was rescinded. Relief Order: In the case ofCEB# 96007670 of the City of Winter Springs, Michael Dominquez and The Kislak Organization- T A having been found in violation of Section 13-2( c) of the Codes of this City, shall be given ~ days, upon due notification by this board, to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $ 50.00 will be imposed per day until compliance is achieved, 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. Motion by Haines. Second by Gray. Vote: Gray, aye; Holzman, aye; Amato, aye; Lyzen, nay; Reilly, nay; Schneider, aye; Haines, aye. Motion carried. 7. Case# 95008383. Lucinda B. & Edward Francis Kine. Jr.. 1027 Forest Circle Morteaeee: Market Street Morteaee Co. Section 20-411 Boat & Trailer Pieper presented the case. The problem is corrected at this time; however, this is a recurrence of a violation of several occasions over the past couple of years. A relief order is sought for future violations. MINUTES CODE ENFORCEMENT BOARD JUNE 18, 1996 -- REGULAR MEETING PAGE30F6 White passed around an update on the case to the board members. White gave testimony. Discussion. Edward King, 1027 Forest Circle gave his testimony. Pieper read Section 20-431(3)(t) for clarification. Discussion. King asked White ifit was okay if the boat sits facing the house to the left, behind the front of the garage even though it would be easily seen from the street. White answered, it would not be a violation as long as the unit is under 23 feet; that is another issue. Pieper read Section 20-431 (1 )(g). Discussion. c...ov'/~~I'\ Findinl! of Fact: Lucinda B. & Edward Francis King, Jr. of 1027 Forest Circle and Market Street . Sfe>...T Mortgage Co. are in violation of Section 20-411 of the Codes of the City of Winter Springs. "" {.1ve Motion by Haines. Second by Lyzen. l/t (,/tj~ Vote: Gray, aye; Haines, aye; Holzman, aye; Reilly, aye; Lyzen, aye; Amato, aye; ti\ ~ Schneider, nay. ~ J2.~qfp Motion carried. I'll t'-) Relief Order: In the case ofCEB# 95008383 of the City of Winter Springs, Lucinda B. & Edward Francis King, Jr. and Market Street Mortgage Co. having been found to have been in violation of Section 20-411 of the Codes of this City, shall be notified by this board that any future violations of this code section will result in a fine being imposed in the amount of $50.00 per day until compliance is achieved, 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 Lucinda B. & Edward Francis King, Jr. are present and have heard the Order of this Board, due notification has been given as of this meeting. Motion by Haines. Second by Lyzen. Discussion. Vote: Lyzen, aye; Reilly, aye; Holzman, aye; Haines, aye; Schneider, nay; Gray, aye; Amato, aye. Motion carried. Pieper referred to the Closed and Pending Case List (City Ordinance Violations), and stated that during the month of May, White investigated twelve other Boat & Trailer violations at residential properties in Oak Forest. 8. Case# 96009383. Lucia M. Pulido. 113 Murohv Road Section 13-2(c) Untended Grass Pieper said the case will not be presented tonight. The situation will be monitored, and if necessary, the case will be brought back to the Code Board next month. 9. Case# 96007304. Cynthia D. Keyser. c/o Cynthia Samoson. 241 North Third Street Mortl!al!ee: Alliance Mortl!al!e Co. Section 13-2(c) Untended Grass MINUTES CODE ENFORCEMENT BOARD JUNE 18, 1996 -- REGULAR MEETING PAGE40F6 This case was not presented as previously stated under Item 5. 10. Case# 96005305. James B. Sartori. 12 LaVista Circle Mort2a2ee: Hacienda Villa2e Co-Oo. Inc. Attornev: W. Richard Thoreen Section 6-46 No Buildin2 Permit Pieper presented the case. White passed around a document that the Code Enforcement Department received today and a photograph. On May 20, 1996, White received a letter from Attorney Thoreen indicating that Sartori has commenced legal proceedings against the Hacienda Village Co-Op for the denial of his shed. The computer print out from the Seminole County Tax Collector is the document the city uses to determine the owner of record. The Tax Collector's Office shows Sartori as the property owner. The situation is before the board because a building permit was not issued; however, a building permit was subsequently issued and revoked based upon the statement that the Co-Op is the owner, not Sartori. Discussion. Sartori's attorney, Richard Thoreen was sworn in for testimony. Richard Thoreen, 116 East Altamonte Drive, Altamonte Springs; Jim Sartori, 12 La Vista Circle, Winter Springs; and Margaret Manfredi, President of Hacienda Village Co-Op, 356 Cas a Grande Drive, Winter Springs each gave testimonies. Discussion. Motion: In the case ofCEB# 96005305, James Sartori of 12 La Vista Circle and Hacienda Village Co- Op, Inc., it is moved that based on the evidence heard regarding Section 6-46 of the Codes of the City of Winter Springs, the case be continued until the resolution of the Circuit Court case. Motion by Gray. Second by Lyzen. Vote: Schneider, aye; Holzman, aye; Reilly, aye; Haines, aye; Lyzen, aye; Amato, aye; Gray, aye. Motion carried. 11. Case# 96007799. Antonv E. Fiorentino. 1208 Swan Street Mort2a2ee: Fla2star Bank Section 13-Ud) Dan2er to Public (ooen hole) and (sta2nant 0001) Pieper presented the case. White distributed an update, and passed around photographs of the hole. The problem with the pool was cleaned up as oOune 1, 1996; however, efforts to fill the hole have not been made. White gave his testimony. He also drew a sketch to show the members exactly where the hole was located in the yard. Discussion. Findin2 of Fact: Antony E. Fiorentino of 1208 Swan Street and Flagstar Bank are in violation of Section 13-2(d) of the Codes of the City of Winter Springs. Motion by Holzman. Second by Lyzen. Discussion. Vote: Haines, aye; Schneider, aye; Reilly, aye; Lyzen, aye; Holzman, aye; Gray, aye; Amato, aye. MINUTES CODE ENFORCEMENT BOARD JUNE 18, 1996 -- REGULAR MEETING PAGE50F6 Motion carried. Relief Order: In the case ofCEB# 96007799 of the City of Winter Springs, Antony E. Fiorentino and Flagstar Bank having been found to be in violation of Section 13-2( d) of the Codes of this City, shall be given ~ days, upon due notification by this board, to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $ 150.00 will be imposed per day until compliance is achieved, 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. Motion by Haines. Second by Reilly. Discussion. Vote: Holzman, aye; Amato, aye; Lyzen, aye; Schneider, aye; Reilly, aye; Haines, aye; Gray, aye. Motion passed. 12. Adiournment Haines asked if the city collects the fines levied. White said that the city hasn't collected for a while; the most visible was Venture Court with approximately $11,200.00 in fines. Haines asked if the city will ever see the money. White said it is in the works. Reilly asked what dollar figure has to be reached before a lein is processed. White said he can only go by what has been done in the past, and that was handled through the City Manager. Pieper said that he, Captain Tolleson, and the City Attorney met with the City of Orlando's Code Enforcement Department. Pieper said they were very impressed with some of their procedures such as: Our City Attorney will be receiving a copy of Orlando's entire Ordinance and Enforcement Procedure. Kruppenbacher, City Attorney, talked to the Commission at last Monday Night's Meeting about some of the things Orlando does. Kruppenbacher warned the Commission if the city wants effective enforcement then their is preparations. Examples: Orlando tows cars off of private property; they send crews in weekly to mow peoples yards who have no intention of mowing it themselves, and the resident will tell them "Go ahead and lien my property, I'm going to die here". Orlando assumes that there is a cost of doing business. Orlando sends pool companies in to either get green pools back to clear or knock holes in the bottom to drain and fill. He said that Orlando takes the actions boldly and says "Sue us". Chairperson Schneider asked if they get sued. Pieper said they have been challenged and won. Orlando sets aside $100,000 of their budget every year for the city to correct violations. Reilly said that nothing gets the attention of the mortgage company quicker that notifying them of a $11,000 lien on the house. Pieper said the City Attorney is also meeting with the Chief Judge in Seminole County to see what can be done to get the city in first position rather than a subordinate position. This will raise the flag to the mortgage company that says--Ifyou don't take action on this, then we will own it, and this inspires the mortgage company. Pieper added, these are all things that are in the works that the P.D. is trying to get done. MINUTES CODE ENFORCEMENT BOARD JUNE 18, 1996 -- REGULAR MEETING PAGE60F6 Gray asked what happened to the building in Tuscawilla that was going to be moved over to the church. Pieper said it got moved; it is no longer at the corner of Northern Way and Winter Springs Blvd. Schneider said that she seems to get the feeling that since cases are not coming back on repeat violations very often, then the Board and Department seem to be affecting the residents. Holzman asked if the rules will change regarding the how many meetings a board member can miss. Jenkins, recording secretary read the part of Section 2-57(b) pertaining to the question. Chairperson Schneider said Gray has stated that he will not be at the next meeting. Jenkins also asked the members if they prefered her to announce that she has to turn the tape over or just continue unannounced. Chairperson Schneider asked that she be informed. Chairperson Schneider adjourned the meeting at 9:30 p.m. The items of this June 18, 1996 Regular Meeting were presented in the following order: 1,2,3,4, 5, 7, 10,6, 8, 9, 11, 12. /mj