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HomeMy WebLinkAbout1996 09 17 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 17,1996 -- REGULAR MEETING 1. Call to Order Chairperson Schneider called the meeting to order at 7:04 p.m. in the Municipal Building's Commission Chambers. 2. Pled2e of Alle2iance 3. Roll Call Also Present Anne Schneider, Chairperson, present Chuck Holzman, present Ken Haines, present Bob Gray, present Kitty Reilly, absent Lurene Lyzen, present Bob Amato, present Acting Chief Bob Pieper, Code Officer AI White, Code Inspector 4. Aooroval of the Minutes of AU2ust 20. 1996 l\1Q$ion: Accept the minutes as written. Motion by Lyzen. Second by Gray. Vote: Haines, abstain, Gray, aye; Holzman, aye; Schneider, aye; Lyzen, aye; Amato, abstain. Motion carried. Pieper stated Item number 10, Case #96012206, will not be presented; problem corrected. 5. Discussion of Closed and Pendin2 Cases. Lyzen asked about 1001, 1003, and 1006 Shepard Road; No sign permit. White said the political signs were in excess of the allowable size. Permits were issued, and the problem was corrected on the spot. She also inquired about Case #96015704; lighting violation. White said the case will be worked up for the next Code Enforcement Board Meeting. Chairperson Schneider asked about Case #'s 96014521 and 96014523. White stated the case on Cory Lane was corrected by Animal Control. Pieper said that the Camphorwood Street case was brought to the attention of Code Enforcement by an anonymous letter. White investigated, and did not find any dog. Pieper stated that the Commission passed a resolution to waive the permitting requirements for political signs. Size restrictions and removal of signs will stay in force. Lyzen said she asked about a barking dog on Galloway Terrace last month, and wanted to know the status. White said there is no case. Minutes Code Enforcement Board September 17, 1996 -- Regular Meeting Page 2 of 6 White explained that the cases involving loud noises (Ordinance Violations) at Lori Anne Lane which were inquired upon last month, were dealt with by a police officer issuing each person at the party a written warmng. Gray inquired about Case #96015395, Wave runner and trailer. White said the problem was corrected. Gray then asked about Case #96015891 , Vehicles overlap on sidewalk. White said there is a code which requires that sidewalks are not to be blocked. White received an anonymous call; he investigated and did not find any violations. White stated that four fines have been levied since the relief order was issued to the Caricotes. Lyzen asked if the violator paid. White said the subject will be discussed during Item #11 of tonight's agenda. Swearing in for testimony. 6. Case #96009555. 100 COry Lane. Shub D. & Sudesh K. Sharma Morbm2ee: Wendover Fundin2 Inc. Section 13-Uc) Untended Grass Pieper presented the case, and circulated original photos. White gave testimony. Findin2 of Fact: Shub D. & Sudesh K. Sharma of 100 Cory Lane and Wendover Funding Inc. are in violation of Section 13-2( c) of the Code of the City of Winter Springs. Motion by Schneider. Second by Lyzen. Vote: Amato, aye; Schneider, aye; Lyzen, aye; Gray, aye; Haines, aye; Holzman, aye. Motion carried. llelief Order: Shub D. & Sudesh K. Sharma and Wend over Funding Inc. having been found to be in violation of Section 13-2(c) of the Code of this City, shall be given ten (10) days after notification to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $1 00.00 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 Holzman. Second by Lyzen. Vote: Holzman, aye; Gray, aye; Lyzen, aye; Haines, aye; Schneider, aye; Amato, aye. Motion passed. 7. Case #96013489.208 Birch Terrace. Laura K. Gie2er or Robert Youn2 Mort2a2ee: Charles F. Curry Section 20-433 Disabled Motor Vehicle Pieper presented the case, and circulated original photos dated 9/3/96 and 9/1 7/96.The violation is a recurrence. At the time the case was initiated, the vehicle did not have a tag, and could not be operated on the streets because of being on jack stands. Tonight, the vehicle does have a current tag, but is still on the Minutes Code Enforcement Board September 17, 1996 -- Regular Meeting Page 3 of 6 jack stands. The owner is still considered to be in violation because there is no way to determine whether the vehicle is operable due to the fact the vehicle is up on stands, and there has been no ability to demonstrate that the vehicle is operable. White gave his testimony. Chairperson Schneider said she could not find someone in violation based upon an assumption. It has not been proven that the vehicle is inoperable. Finding of Fact: Laura K. Gieger or Robert Young of208 Birch Terrace and Charles F. Curry was in fact in violation of Section 20-433 of the Code of the City of Winter Springs, Motion by Haines. Second by Gray. Discussion. Vote: Lyzen, nay; Amato, aye; Schneider, nay; Holzman, nay; Gray, aye; Haines, aye. Motion failed. Discussion. FindilU! of Fact: In the case of CEB# 96013489 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting the sworn testimony of the Code Inspector. Based upon these proceedings, I move that the information and testimony presented at this meeting is incomplete or otherwise insufficient to render a ruling, and that this matter be continued to the next regular meeting, or to a special meeting when additional information is available, on a future date to be established by the Chairman, as per Section 2-60 of the Code of the City of Winter Springs. Motion by Lyzen. Second by Holzman. Discussion. Vote: Haines, nay; Gray, aye; Schneider, aye; Holzman, aye; Lyzen, aye; Amato, aye. Motion passed. Chairperson Schneider said the case will be continued until next meeting. 8. Case #96014062.209 Bennet. Peter S. Galdo MortS!a2ee: Great Financial Mort2a2e Section 13-2(c) Untended Grass The case was presented by Pieper. He also circulated an original photo dated 9/17/96. White presented testimony. FindilU! of Fact: Peter S. Galdo of 209 Bennet and Great Financial Mortgage are in violation of Section 13-2(c) of the Code of the City of Winter Springs. Motion by Lyzen. Second by Holzman. Vote: Amato, aye; Haines, aye; Holzman, aye; Gray, aye; Schneider, aye; Lyzen, aye. Motion passed. Relief Order: Peter S. Galdo and Great Financial Mortgage having been found to be in violation of Section 13-2(c)ofthe Code of this City, shall be given seven (7) days, after notification, to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $1 00.00 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. Minutes Code Enforcement Board September 17, 1996 -- Regular Meeting Page 4 of 6 Motion by Lyzen. Second by Haines. Vote: Gray, aye; Holzman, aye; Schneider, aye; Haines, aye; Lyzen, aye; Amato, aye. Motion passed. 9. Case #96014537. 111 Lido Road. Mark E. & Lisa A. Lewis Mort2a2ee: Norwest Mort2a2e Inc-Iowa Section 13-2(c) Untended Grass Pieper presented the case, then circulated an original photo. White presented testimony. Findinl! of Fact: Norwest Mortgage Inc.-Iowa is in violation of Section 13-2(c) of the Code of the City of Winter Springs. Motion by Haines. Second by Schneider. Vote: Gray, aye; Amato, aye; Holzman, aye; Schneider, aye; Haines, aye; Lyzen, aye. Motion carried. Relief Order: Norwest Mortgage Inc.-Iowa having been found to be in violation of Section 13-2(c) of the Code of this City, shall be given ten (10) days, upon notification, 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 Holzman. Discussion. Vote: Schneider, aye; Lyzen, aye; Haines, aye; Gray, aye; Amato, aye; Holzman, aye. Motion passed. 10. Case #96012206.216 Charles Street. David A. McDeed Mort2a2ee: Chemical Mort2a2e Co. Section 20-433 Disabled Motor Vehicle Case not presented; problem corrected. 11. Case #96007182.8 AI2iers Avenue. Frannmilk M. & Rebecca Caricote Mort2a2ee: Sun Trust Mort2a2e Inc. Section 4-1 (20.25) Barkin2 D02 & Section 4-2 More Than (2) D02S Pieper presented the case, and explained that the two sections need to be voted on separately. A relief order was issued on May 21, 1996 for the violation of Section 4-1(20.25):Barking Dog. As of this date, fines are amassed for $400.00 and remain outstanding. The violation of Section 4-2: more than two dogs, has been verified by complaints to Mayor Bush, and a written warning issued by Officer Faron on September 2, 1996. White presented testimony. Discussion. Relief Order: Frannmilk and Rebecca Caricote and SunTrust Mortgage Inc. having been previously found to be in violation of Section 4-1 of the Code of this City and Section 20.25 of Code of the County at the Minutes Code Enforcement Board September 17, 1996 -- Regular Meeting Page 5 of 6 Code Enforcement Board meeting of May 21, 1996, and having been shown by the evidence and testimony presented at this meeting to have repeated this violation in the face of a standing Relief Order of this Board, Frannmilk and Rebecca Caricote and SunTrust Mortgage Inc. shall be given due notification that this is a repeat violation, and a fine of$250.00, as provided by FSS 162.09 (2)(a), be imposed for each violation, as verified by an officer of the City. Furthermore, any and all repeat violations of this order in the future will cause this same fine to be immediately imposed for each violation, as verified by an officer of the City. Motion by Schneider. Second by Haines. Discussion. Vote: Holzman, aye; Gray, aye; Haines, aye; Amato, aye; Schneider, aye; Lyzen, aye. Motion passed. Brief discussion about the verification of the owner having more than two dogs. Findin!! of Fact: Frannmilk and Rebecca Caricote of 8 Algiers Avenue and SunTrust Mortgage Inc. are in violation of Section 4-2 of the Code of the City of Winter Springs. Motion by Gray. Second by Schneider. Vote: Amato, aye; Lyzen, aye; Gray, aye; Haines, aye; Schneider, aye; Holzman, aye. Motion carried. Relief Order: Frannmilk and Rebecca Caricote of8 Algiers Avenue and SunTrust Mortgage Inc. having been found to be in violation of Section 4-2 of the Code of this City, shall be given ten (10) 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 Gray. Second by Haines. Vote: Holzman, aye; Haines, aye; Schneider, aye; Lyzen, aye; Amato, aye; Gray, aye. Motion passed. Haines asked, "What is the legal process the city takes to collect fines"? Pieper said the city is working on an ordinance that will allow the city to tow a vehicle off of private property when in violation. With regards to untended grass or unkept property, the city is empowered to correct the problem and bill the owner. But, when someone is in violation of having more than two dogs, the city can't take away the owners dogs. Consequently, the only relief the city has is to let the fines amass until the city can present the fines as a lien against the property. The fines would have to be substantial before the city would lien the property. The city attorney and the circuit court judges have been exploring the possibility of getting these placed as primary, first position liens as opposed to subordinate liens. Chairperson Schneider said she hoped to see everyone at the City Picnic. Lyzen said she attended the "Sunshine Law" conference at the college, and found it very interesting. Chairperson Schneider asked Gray to bring the "Government in Sunshine" manual back so it could be passed to another member of the board. Minutes Code Enforcement Board Sep~ember 17, 1996 -- Regular Meeting Page 6 of 6 12. Adiournment The Chair adjourned the meeting at 9:03 p.m. Minutes submitted by: Martha Jenkins, Deputy City Clerk City of Winter Springs, Florida