Loading...
HomeMy WebLinkAbout1996 10 15 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 1996--REGULAR MEETING 1. Call to Order Chairperson Schneider called the meeting to order at 7:00 p.m. in the Commission Chambers, Municipal Building. 2. Pledee of Alleeiance 3. Roll Call Bob Gray, present Ken Haines, absent Anne Schneider, present Chuck Holzman, absent Kitty Reilly, present Bob Amato, present Lurene Lyzen, present 4. ADDroval of the SeDtember 17. 1996 Meetin2 Minutes Motion: Approval of the September 17, 1996 Meeting Minutes as written. Motion by Schneider. Second by Lyzen. Vote: Schneider, aye; Reilly, abstain; Gray, aye; Amato, aye; Lyzen, aye. Motion carried. 5. Discussion of Closed and Pendine Cases. Chairperson Schneider inquired about Case#960 17273 (Clippings piled in truck), 960 16998 (disabled motor vehicle), and 96017274 (Boat in front of house). White stated the problem has been corrected on all three cases. She also inquired about Case #96017483 (Animal odors). White said the problem has been corrected. Reilly asked about the chickens at 224 Morton (Case#96017445). White said the case is still pending. Gray inquired about Case #96017411 (Old swing set). White said there wasn't a swing set in the yard when he inspected. 6. Case #96013489. 208 Birch Terrace. Laura K. Gieeer and Robert Youne Morteaeee: Charles F. Currv Section 20-433 Disabled Motor Vehicle Witnesses were sworn in for testimony. Pieper stated that this case was originally presented before the Code Enforcement Board at the September (17) 1996 CEB Meeting, and was continued because of insufficient evidence to prove that the vehicle was disabled. On September 19, 1996 the vehicle was re-inspected. The re-inspection revealed that there was not an engine in the vehicle. On October 8, 1996, photos were taken by the Code Inspector, and as of today the situation is unchanged. Pieper circulated original photos taken on various dates. Minutes Code Enforcement Board October 15, 1996 - Regular Meeting Page 2 of 5 Robert Young of 208 Birch Terrace, Winter Springs, stated that he has concerns about the selective enforcement in the city. Pieper informed Young of addressing his complaints to the City Manager, Ron McLemore. Discussion of ways for Young to come into compliance. Findin!! of Faet: Laura K. Gieger and Robert Young of 208 Birch Terrace and Charles F. Curry are in violation of Section 20-433 of the Code of the City of Winter Springs. Motion by Lyzen. Second by Gray. Vote: Schneicler, aye; Lyzen, aye; Reilly, aye; Amato, aye; Gray, aye. Motion carried. Relief Order: In the case ofCEB# 96013489 of the City of Winter Springs, Laura K. Gieger, Robert Young and Charles F. Curry having been found to be in violation of Section 20-433 of the Code of this City shall be given 10 days to come into compliance with regard to this violation after notification by this board. 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. Since Robert Young is present and has heard the Order of this Board; due notification has been given as of this meeting. Motion by Reilly. Second by Lyzen. Vote: Lyzen, aye; Amato, aye; Gray, aye; Schneider, aye; Reilly, aye. Motion passed. Pieper stated that the September listing of completed cases reveals a total of nineteen "Disabled Motor Vehicle" complaints that were investigated by the Code Inspector. Gray added, Young has rights as a citizen of Winter Springs to file a complaint ifhe sees a problem which needs investigation. 7. Case #95011332.213 Moekin!!bird Lane. Delores T. Picauet Mort!!a!!ee: Baneboston Mort!!a!!e (FL) Section 13-2(e) Untended Grass This case is brought back as a repeat violation. Pieper read the relief order that was issued September 22, 1995. An inspection in June 1996 revealed the grass was over a foot high. On June 3, 1996 a fine of $100.00 per day was initiated. On June 12, 1996, the problem had been corrected. The fine notification and affidavit of non-compliance with the relief order was mailed on September 22, 1996. Attempts to contact the owner have been unsuccessful. No fines have been collected. Re-inspection on August 21, 1996 indicated the grass was again overgrown; more fines were initiated. On August 26, 1996, re-inspection showed the violation to stilI be in effect. As of September 17, 1996, the grass has been cut, and the problem was under control at this point; however, on October 15, 1996 the grass is again accumulating. There was no one present to speak on behalf of the owner of record or mortgagee. Pieper circulated original photographs. White gave testimony. Pieper explained to the board that their option is to decide Minutes Code Enforcement Board October 15, 1996 - Regular Meeting Page 3 of 5 whether they are comfortable with the way things are being handled at this point, or if they feel there is a need to take a greater action with regard to the fine amount in order to get the attention of the responsible parties. A neighbor indicated to White on August 31, 1995 that the owner had passed away. JleliefOrder: Delores T. Picquet and Bancboston Mortgage (FL) having been previously found to be in violation of Section 13-2(c) of the Code of this City at the Code Enforcement Board meeting of September 19, 1995, and having been shown by the evidence and testimony presented at this meeting to have repeated this violation in the face of a standing Relief Order of this Board, shall be given due notification that this is a repeat violation, and a fine of$ 500.00, as provided by FSS 162.09 (2)(a), be imposed for each day this violation continues past the date of notification, until compliance is achieved, 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 day the violation continues until compliance is achieved, as verified by an officer of the City. Motion by Reilly. Second by Lyzen. Discussion. Vote: Gray, nay; Reilly, aye; Schneider, nay; Amato, nay; Lyzen, aye. Motion failed. Relief Order: Delores T. Picquet and Bancboston Mortgage (FL) having been previously found to be in violation of Section 13-2(c) of the Code of this City at the Code Enforcement Board meeting of September 19, 1995, 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, 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 day this violation continues past the date of notification, until compliance is achieved, 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 day the violation continues until compliance is achieved, as verified by an officer of the City. Motion by Gray. Second by Schneider. Vote: Reilly, aye; Lyzen, nay; Amato, nay; Schneider, aye; Gray, aye. Motion passed. The meeting was recessed at 8:37 p.m. Chairperson Schneider called the meeting back to order at 8:45 p.m. 8. Case #96014534. 202 South Moss Road. Dou2las Barnes Mort2a2ee: South trust Mort2a2e Corn. Section 20-433 Disabled Motor Vehicle Pieper asked the board members to strike through Case# CEB93-218 (case was closed-no violation) and CEB94-129 (doesn't pertain to "Disabled Motor Vehicle") on the synopsis. The case was brought to the Board as a recurring violation because of the amount of violations that have been issued to this individual at the property for various vehicles over the past several years. There was no one present to speak on behalf of the owner of record or mortgagee. White gave his testimony. Discussion. Minutes Code Enforcement Board October 15, 1996 - Regular Meeting Page 4 of 5 Findim! of Fact: Douglas Barnes of 202 South Moss Road and Southtrust Mortgage Corp. 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 within the time specified for correction by the Code Inspector, as per City Ordinance Section 2-59. Motion by Schneider. Second by Lyzen. Vote: Gray, aye; Lyzen, aye; Schneider, aye; Reilly, aye; Amato, aye. Motion carried. :Jle!iefOrder: Douglas Barnes and Southtrust Mortgage Corp. 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$ 75.00 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 verified by an officer of the City. Motion by Lyzen. Second by Schneider. Vote: Reilly, aye; Lyzen, aye; Amato, aye; Gray, aye; Schneider, aye. Motion passed. 9. Case #96016689.604 Murphv Road. Mil!uel A. Falcon Mortl!al!ee: Rvland Mortl!al!e Co.-North Section 20-433 Disabled Motor Vehicle Witnesses were sworn in for testimony. Pieper presented the case, then circulated original photos dated September 13, 1996. White stated he did not see a violation this morning. Chairperson Schneider asked why this was not a "problem corrected" case. Pieper said that this is a recurrence of a 1994 case in which written warnings were issued to the same individual at the same property for the same violation. Miquel A. Falcon of 604 Murphy Road, Winter Springs, gave his testimony. The members explained to Falcon what he needed to do to come into compliance. }'indinl! of Fact: Miquel A. Falcon of 604 Murphy Road and Ryland Mortgage CO.-North are 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(s). Motion by Schneider. Motion failed for lack of second. Discussion. Findin~ of Fact: Miquel A. Falcon of604 Murphy Road and Ryland Mortgage CO.-North 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 within the time specified for correction by the Code Inspector, as per City Ordinance Section 2-59; and that an appropriate relief order be issued at this meeting to address any potential future violations of this same Ordinance. Motion by Lyzen. Second by Gray. Discussion. Vote: Gray, aye; Reilly, aye; Schneider, nay; Amato, aye; Lyzen, aye. Motion carried. Minutes Code Enforcement Board October 15, 1996 - Regular Meeting Page 5 of 5 Relief Order: In the case ofCEB # 96016689 of the City of Winter Springs, Miquel A. Falcon and Ryland Mortgage Co.-North 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 $ 150.00 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 verified by an officer of the City. Since Miquel A. Falcon is present and has heard the Order of this Board, due notification has been given as of this meeting. Motion by Amato. Second by Lyzen. Vote: Schneider, nay; Lyzen, aye; Reilly, aye; Amato, aye; Gray, aye. Motion passed. Pieper explained to Falcon that he needs license plates for the car he drives everyday and whatever vehicle he brings home, or put the vehicle in the garage. 10. Adjournment Lyzen said that White is doing a terrific job, and Gray agreed. Schneider and Lyzen said the picnic was great. Gray said that he has turned the "Government in the Sunshine" book over to Lyzen. Lyzen passed the book onto Amato. The Chair adjourned the meeting at 8:45 p.m. The items of this meeting were presented in the following order: 1,2, 3,4, 5, 6, 9, 7, 8, and 10. Minutes submitted by: Martha Jenkins, Deputy City Clerk City of Winter Springs, Florida