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HomeMy WebLinkAbout1996 08 20 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD AUGUST 20, 1996--REGULAR MEETING 1. Call to Order Chairperson Schneider called the meeting to order at 7:] 0 p.m. in the Commission Chambers, Municipal Building. 2. Pled2e of Alle2iance 3. Roll Call Also Present Anne Schneider, Chairperson, present Chuck Holzman, present Kitty Reilly, present Ken Haines, absent Lurene Lyzen, present Bob Gray, present Bob Amato, absent Acting Chief Bob Pieper, Code Officer AI White, Code Inspector 4. Approval of the Minutes of June 18. 1996. The Chair announced that the June ] 8, 1996 minutes were not approved at the last meeting because of a discrepancy in Item #7. Item#7. page 3. Finding of Fact reads as folfmvs: Lucinda B. & Edward Francis King, Jr. of ]027 Forest Circle and Market Street Mortgage Co. are in violation of Section 20-4]] of the Codes of the City of Winter Springs. Correction: Lucinda B. & Edward Francis King, Jr. of ]027 Forest Circle and Market Street Mortgage Co. were in compliance at the time of the meeting. Motion: Accept the minutes of June] 8, ] 996 as corrected. Motion by Lyzen. Second by Gray. Vote: Holzman, aye; Reilly, aye; Schneider, aye; Gray, aye; Lyzen; aye. Motion carried. Approval of the Minutes of Julv 16. 1996. Lyzen stated a correction: Item #7. yaffe 3. First Motion.' reads as foll~Daniel V. Mazza of 230 Bennet and Bank United of Texas FSB was in fact in violation of Section 13-2(b) 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. Minutes Code Enforcement Board August 20, 1996--Regular Meeting Page 2 of 4 Correction: Daniel V. Mazza of230 Bennet and Bank United of Texas FSB was in fact in violation of Section 13-2(b) 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 Section2-59; and that an appropriate relief Qtder be issued at this meeting to address any potential future violations of this same Ordinance. Motion: Accept the July 16, 1996 Minutes as corrected. Motion by Lyzen. Second by Schneider. Vote: Reilly, abstain; Lyzen, aye; Holzman, aye; Gray, abstain; Schneider, aye. Motion passed. 5. Discussion of Closed and Pendin1! Cases. Reilly asked for the status on several pending cases, and White answered each inquiry: 212 Buttonwood, problem corrected; 216 Mockingbird, pending; 1118 Seafarer, problem corrected; 103 Elderwood, pending; 608 Morgan, pending; 208 Birch Terrace, case being set up for next code board meeting; 210 S. Cortez, problem corrected; 209 Bennet, pending; 631 Clearn, problem corrected. White explained that NFR (No Follow-up Required) stands as an issued written warning so that the next time the officer can write a citation. Lyzen said she noticed two occasions ofa barking dog at the same address (Galloway Terrace), and asked if the case would come before the board if a third incident occurred. White said he would research the file and get back with her. Holzman asked about seven incidences ofloud noises at 134 Lori Anne Lane on the same day. White said the problem is corrected, but he would research and get back with him. 6. Case# 96009554. 116 COry Lane. Christooher E. and Marie L. Arce. Mort1!a1!ee: Federal Trust Bank Section 13-Uc) Untended Grass Pieper presented the case. White circulated an original photo taken June 26, 1996, and Pieper circulated photos taken August 20, 1996. He explained that the photos show that the owners of Lots 2 and 4 are more diligent in the care of the grounds surrounding the building to the fence line than the owners at 116 Cory Lane (Lot 3). White gave his testimony, and Pieper distributed updated progress notes. Minutes Code Enforcement Board August 20, 199G--Regular Meeting Page 3 of 4 FindilU! of Fact: Christopher E. and Marie L. Arce of 116 Cory Lane, and Federal Trust Bank are in violation of Section 13-2(c) of the Codes of the City of Winter Springs. Motion by Reilly. Second by Lyzen. Vote: Holzman, aye; Schneider, aye; Reilly, aye; Gray, aye; Lyzen, aye. Motion carried. Relief Order: Christopher E. and Marie L. Arce and Federal Trust Bank having been found to be in violation of Section 13-2(c) of the Codes of this City, shall be given ~ days, upon due notification, to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of$ 100.00 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 Lyzen. Second by Reilly. Vote: Reilly, aye; Lyzen, aye; Holzman, aye; Schneider, aye; Gray, nay. Motion carried. 7. Case# 94014694. 765 South Ed2emon Avenue. Theresa Nicosia Section 20-433 Disabled Motor Vehicle Pieper presented the case. White circulated original photos dated July 10 and 16, 1996. Chairperson Schneider asked about the outstanding relief orders on the property. Pieper stated that the case is not brought back to the board to amend the fines from a previous ruling, but to rule on the case based upon the finding offact issued tonight because the previous relief orders are beyond usable date. Findin2 of Fact: Theresa Nicosia of 765 South Edgemon Avenue was in fact in violation of Section 20-433 of the Code of the City of Winter Springs; and that such violation has been corrected as of this meeting. Motion by Lyzen. Second by Gray. Vote: Gray, aye; Reilly, aye; Lyzen, aye; Holzman, aye; Schneider, aye. Motion carried. Relief Order: In the case ofCEB# 94014694 of the City of Winter Springs, Theresa Nicosia having been found to have been in violation of Section 20-433 of the Code 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 $200.00 per day for each violation 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 Minutes Code Enforcement Board August 20, 1996--Regular Meeting Page 4 of 4 verified by an officer of the City. Motion by Schneider. Second by Reilly. Discussion. Vote: Reilly, aye; Schneider, aye; Gray, aye; Lyzen, aye; Holzman, aye. Motion passed. 8. Case# 96009553. 124 COry Lane. Jim Hunt Morhm2ee: Chase Home Mort2a2e Coro/Tamoa Section 13-2(c) Untended Grass Pieper stated the case would not be presented because the problem was corrected. 9. Case # 96013731. 45 South Ed2emon. Rickie Eo White & Lvndle P. White. Mort2a2ee: U.S. Deoartment of HUD Section 13-2(d) Sta2nant Pool Pieper explained that the case dealt with a violation of stagnant pool. Previously the same violation was dealt with by a citation issued by a Police officer, and that citation was appealed to the court. A court date was set which was continued, extended, continued again, extended again, continued again, extended again; and by the time the case came before a hearing official the complainant/witness that originated the call to Code Enforcement and the Police Department was not present, and the violation had been corrected so the hearing official dismissed the case. When the complaint came back this year, rather than handling it as a recurring violation, the case was worked as a new violation because there was no ruling or finding offact on file either by the Code Enforcement Board or a court of competent authority that the violation had ever existed because it was dismissed. Ms. White was informed that she had 15 days to correct the violation (per city ordinance), and within the 15 days enough necessary action was taken to considered the problem corrected. But, if the problem reoccurs, a warning will be issued with a prescribed amount of time in which to come into compliance, or the case will be brought before the board as a recurring violation. Reilly asked if the pump and motor is judged in the determination of compliance. The health department's ruling is that if the bottom drain cannot be seen, the pool is closed. Pieper stated that Code Enforcement is being consistent with past practice. 10. Adjournment The meeting adjourned at 8:10 p.m. /mj