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Home My WebLink About1997 02 18 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD FEBRUARY 18, 1997 - REGULAR MEETING 1. Call to Order Vice-Chairperson Gray 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 Anne Schneider, Chairperson, absent Ken Haines, present Chuck Holzman, present Bob Gray, present Kitty Reilly, present Lurene Lyzen, present Bob Amato, present Captain Bob Pieper, Code Enforcement Officer Al White, Code Enforcement Inspector 4. Approval of the November 19. 1996 Re2ular Meetin!!: Minutes Motion: Approve the minutes as written. Motion by Lyzen. Second by Haines. Vote: Amato, aye; Reilly, aye; Holzman, aye; Haines, aye; Gray, aye; Lyzen, aye. Motion carried 5. Discussion of Closed and Pendin2 Cases Case # 97000068, page 1, Farm Animals. White stated that the issuing officer has not forwarded all documentation to Code Enforcement yet. Case # 97000935, page 3, Barking Dog. White said the case is pending, and will have to come before the Code Enforcement Board at a later date. Case # 97001276, page 4, AbandonedlDiscarded Refrigerator. White said the refrigerator is gone. Case #'s 97001968,97001971,97001972,97001973, and 97001974, beginning on page 5. White said he is trying to get a recommendation from Public Works and the Building Official so the situation can be dealt with effectively. All witnesses were sworn in for testimony. The cases for item numbers nine and ten will not be presented because the violations have been corrected. MINUTES CODE ENFORCEMENT BOARD FEBRUARY 18, 1997 - REGULAR MEETING PAGE20F4 6. Case #96013332. 608 Monmn Street. Eric M. Shulman Section: 13-Uc) Untended Grass Pieper presented the case. White gave testimony. Questions arose regarding the owner filing bankruptcy; page two of the synopsis not being part of the packet; and the fact that a property manager and two mortgagees are involved, but are not listed on the agenda. Findin2: of Fact: In the case ofCEB# 96013332 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 and other parties involved in this case. Based upon these proceedings, it is moved 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 Haines. Second by Reilly. Vote: Gray, aye; Amato, aye; Haines, aye; Holzman, aye; Lyzen, aye; Reilly, aye. Motion carried. 7. Case #96016474.417 David Street. Dwavne Adear. Arnold and Devoline Adear Mort!m2:ee: Transamerica RE Tax Service- Taoe Section: 4-1(20.25) Barkine Doe Pieper gave a synopsis of the case. White gave his testimony. Pieper read a narrative report dated 01-21- 97. Sandra and Det'on Barnes, 410 Edwin Street; Dan Fischer, 413 David Street; Anne Marie Lucia, 419 David Street; Else Simmons, 408 Edwin Street; George Gumble, 210 Moree Loop; and Dwayne Adgar, 417 David Street each shared their testimony. Discussion. Findin2: of Fact: Dwayne Adgar, Arnold and Devoline Adgar of 417 David Street and Transamerica RE Tax Service are in violation of Section(s) 4-1 (20.25) of the Code of the City of Winter Springs. Motion by Haines. Second by Holzman. Vote: Lyzen, aye; Reilly, aye; Holzman, aye; Haines, aye; Amato, aye; Gray, aye. Motion passed. Relief Order: In the case ofCEB# 96016474 of the City of Winter Springs, Dwayne Adgar, Arnold and Devoline Adgar and Transamerica RE Tax Service, having been found to be in violation of Section( s) 4-1 (20.25) of the Code of this City, upon due notification by this board shall be given five (5) 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 Dwayne Adgar is present and has heard the Order of this Board, due notification has been given as of this meeting. Motion by Haines. Second by Lyzen. Vote: Holzman, aye; Reilly, aye; Haines, aye; Gray, aye; Lyzen, aye; Amato, aye. MINUTES CODE ENFORCEMENT BOARD FEBRUARY 18, 1997 - REGULAR MEETING PAGE30F4 Motion passed. 8. Case #96019516.403 Murphv Road. Leslie G. & Judith A. O'Neil Morhm2ee: First Union Mort2a2e Corp. Section: 6-84(c) IIIe2al Accessory Buildin2 This case was not going to be presented; however, the violator wanted a forum in which to express his opinion. Pieper requested a short recess in order to retrieve case documentation. The meeting recessed at 8:00 p.m., and reconvened at 8: 11 p.m. Pieper read a memo (to AI White, Code Inspector; from Don Houck, Building Official), then gave the synopsis on the case. The problem is corrected. White gave testimony. Les O'Neil, 403 Murphy Road, said that he did not receive indication of what the code consisted of until 01/30/97 as referred to by the Building Official. He felt the Building Official defined the code in his own words; codes should be specific. He distributed photographs to the board members. He doesn't know how that code identifies with the "shade" in the photos. The "shade" weighs 10.6 pounds, and is totally portable. It is made out of nylon net material, and he purposely purchased the same color as his house. Vice- Chairperson Gray read Section 6-84(a) of the Code of the City. O'Neil presented a definition of "building" and "structure" from the American Heritage. Vice-Chairperson Gray said that if the city went by the definition by American Heritage, the city would not consider it a building, but the city does say it is a structure, and the Code Enforcement Board has to decide if they rule in favor of the city or not. O'Neil said he put it in the backyard because his mortgage company was notified, and the mortgage company said they would foreclose ifhe didn't comply. The reason he wants to pursue the issue is to determine whether or not he is right. He also wanted to know why his letter to Pieper was not made part of the case. Pieper stated that the letter was handled as an internal complaint about an employee's conduct and behavior, and was not relevant to the case. O'Neil said the letter did directly address the warning received from White. Findin2 of Fact: Dismiss the case. Motion by Gray. Second by Haines. Discussion. Vote: Amato, aye; Reilly, nay; Lyzen, nay; Gray, nay; Haines, nay; Holzman, nay. Motion failed. Findin2 of Fact: Leslie G. and Judith A. O'Neil of 403 Murphy Road and First Union Mortgage Corp. was in fact in violation ofSection(s) 6-84(c) 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 Holzman. Vote: Holzman, aye; Haines, aye; Reilly, aye; Gray, aye; Amato, nay; Lyzen, aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD FEBRUARY 18, 1997 - REGULAR MEETING PAGE40F4 Relief Order: In the case ofCEB # 96019516 of the City of Winter Springs, Leslie G. and Judith A. O'Neil and First Union Mortgage Corp., having been found to have been in violation ofSection(s) 6-84(c) 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 $50.00 per day until compliance is achieved, as verified by an officer of the City. Since Leslie G. O'Neil is present and has heard the Order of this Board, it is further moved that due notification has been given as of this meeting. Motion by Lyzen. Second by Haines. Vote: Reilly, aye; Lyzen, aye; Amato, nay; Gray, aye; Holzman, aye; Haines, aye. Motion carried. 9. Case #97001031. 342 Riunite Circle. Gerardo & Melania Villabona OccuDant: Zaida Santana Section: 20-431 Commercial Vehicle The violation of this case has been corrected so this item was not presented. 10. Case #97000896. Moss Park. South Moss Road. Joe Critelli (First-Florida Home Investment GrouD) Section: 16-57 Si2ns on Ri2ht-of-Wav The violation of this case has been corrected so this item was not presented. 11. Adiournment Vice-Chairperson Gray adjourned the meeting at 8:55 p.m. The items of this February 18, 1997 Regular Meeting were presented in the following order: 1,2,3,4,5, 7, 8, 6, 11. Minutes submitted by: Martha Jenkins, Deputy City Clerk