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HomeMy WebLinkAbout1996 11 19 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 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. Pled2e of Alle2iance 3. Roll Call Also Present Bob Gray, present Chuck Holzman, present Kitty Reilly, present Bob Amato, absent Ken Haines, present Anne Schneider, present Lurene Lyzen, present AI White, Code Inspector Bob Pieper, Acting Police Chief 4. Approval of the October 15. 1996 Medin2 Minutes JVlotion: Approve the minutes as written. Motion by Reilly. Second by Lyzen. Vote: Haines, abstain; Holzman, abstain; Gray, aye; Schneider, aye; Lyzen, aye; Reilly, aye. Motion passed. 5. Discussion of Closed and Pending Cases (City Ordinance Violations) Lyzen asked about 772 Blades Court (page 2), and 107 North Alderwood (page 4). White stated the violation at 772 Blades Court was corrected, and the case at Alderwood will remain pending for monitoring until occupants can be verified. Schneider asked about the three cases involving "illegal accessory building" (page 5). White said that the owners have put up car canopies (tents) in their front yards. A ruling a couple of weeks ago by the building official indicated that it was against the city code to put a structure in the front yard, and a building permit will not be issued for such. Gray asked about 1018 Taproot Drive (page 3). White stated that the house nor.the mailbox was marked with the house number, but the violation has been corrected. Gray asked where the number should be placed. White said the number should either be on the house or the mailbox in good contrast, and the letters or numbers should be at least three inches. Gray also asked about 1001 Shepard Road (page 4). White said that the shed company had placed a shed on a right-of-way (Dittmer's property) for advertising purposes; the violation was corrected. MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 1996 -- REGULAR MEETING PAGE 2 OF4 Chairperson Schneider stated that item # 8 will be heard first, item #9 second, and item #6. Item #7 was pulled from the agenda. Witnesses were sworn in for testimony. 6. Case #95001591.643 Marlin Road. Thomas D. & Terrelle M. Kerr Mort2a2:ee: Countrywide Fundin2: Corp. Section 20-411 Boat & Trailer Pieper presented the case, and circulated an original photograph for viewing. This is a recurring violation. White gave his testimony. Findin2: of Fact: Thomas D. and Terrelle M. Kerr of 643 Marlin Road and Countrywide Funding Corp. was in fact in violation ofSection(s) 20-4110fthe 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 Lyzen. Second by Haines. Vote: Holzman, aye; Gray, aye; Schneider, aye; Reilly, aye; Haines, aye; Lyzen, aye. Motion carried. Relief Order: Thomas D. and Terrelle M. Kerr and Countrywide Funding Corp. 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 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. Vote: Holzman, aye; Reilly, aye; Lyzen, aye; Gray, aye; Schneider, aye; Haines, aye. Motion passed. 7. Case #96017825. 712 Gallowav Trail. R02:er A. & Rosemary J. Nelson Mort2:a2:ee: Atlantic Mort2:a2:e & Inv.. Corp. Section 4-1 (20.25) Barkin2: D02: This item was pulled from the agenda prior to the meeting. 8. Case #96009026. 884 Chokecherry. Robert D.. Jr. & Suzanne Gilbert Mort2a2:ee: First Security Savin2:s Bank Section 20-411 Boat & Trailer Pieper presented the case. The problem is corrected; however, this is a recurrence of a previous violation. Robert Gilbert, 884 Chokecherry, gave his testimony. He said he would check with Fausnight to see if they have a water hose available for customer use. Findin2: of Fact: Robert D., Jr. and Suzanne Gilbert of884 Chokecherry and First Security Savings Bank was in fact in violation ofSection(s) 20-4110fthe Code of the City of Winter Springs; and that MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 1996 -- REGULAR MEETING PAGE30F4 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 Lyzen. Second by Haines. Vote: Holzman, aye; Reilly, aye; Lyzen, aye; Schneider, aye; Haines, aye; Gray, aye. Motion carried. Relief Order: Robert D., Jr. and Suzanne Gilbert and First Security Savings Bank 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 Robert D. Gilbert, Jr. is present and has heard the Order of this Board, due notification is given as of this meeting. Motion by Reilly. Second by Schneider. Vote: Haines, aye; Gray, aye; Holzman, aye; Schneider, aye; Lyzen, aye; Reilly, aye. Motion passed. Chairperson Schneider told Gilbert that the relief order is inapplicable as long as the boat is kept off the front driveway. Pieper added, the city doesn't have a problem with the Gilbert's bringing the boat to the house for load and unloading; it just can't be stored. 9. Case #96016436. 604 Bonita. Gabriel Aviles & John Aviles MortS!a!!ee: American Home Fundin!! Section 13-2(b) Trash in Yard Pieper presented the case. White distributed an update on the case, and provided testimony. Gabriel Aviles, 604 Bonita, gave his testimony. Findin2 of Fact: Gabriel Aviles and John Aviles of 604 Bonita and American Home Funding was in fact in violation ofSection(s) 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. Motion by Reilly. Second by Gray. Discussion about due process. Vote: Lyzen, aye; Reilly, aye; Holzman, aye; Gray, aye; Schneider, nay; Haines, aye. Motion passed. Holzman made a relief order motion stating violation was corrected, and the motion was seconded by Lyzen. After a brief discussion, the motion and second were rescinded because the violation is still existing. Consensus of the board to correct the finding 0.1 fact motion because it also stated the violation was corrected. Filldill2 of Fact: Gabriel Aviles and John Aviles of 604 Bonita and American Home Funding is in fact in violation of Section(s) 13-2(b) of the Code of the City of Winter Springs; and that such MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 1996 - REGULAR MEETING PAGE 4 OF4 violation was not corrected within the time specified for correction by the Code Inspector, as per City Ordinance Section 2-59. Motion by Reilly. Second by Schneider. Vote: Lyzen, aye; Holzman, aye; Schneider, aye; Reilly, aye; Haines, aye; Gray, aye. Amended motion passed. Relief Order: Gabriel Aviles, John Aviles, and American Home Funding shall be given 30 days 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. Since Gabriel Aviles is present and has heard the Order of this Board, due notification is given as of this meeting. Motion by Holzman. Second by Lyzen. Discussion of the thirty days given to come into compliance. Vote: Gray, aye; Reilly, nay; Haines, aye; Schneider, nay; Holzman, aye; Lyzen, aye. Motion passed. 10. Adjournment Lyzen reminded everyone that the parade begins at 3:00 p.m. on Sunday. Chairperson Schneider adjourned the meeting at 8:37 p.m. The items of this meeting were presented in the following order: 1,2, 3,4, 5, 8, 9, 6, and 10. Minutes submitted by: Martha Jenkins, Deputy City Clerk City of Winter Springs, Florida