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HomeMy WebLinkAbout1997 06 03 Code Enforcement Board Special Minutes Minutes Code Enforcement Board June 3, 1997 - Special Meeting I. Call to Order Chairperson Schneider called the meeting to order at 7:00 p.m. in the Municipal Building, Commission Chambers. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Roll Call Also Present Bob Gray, present Ken Haines, present Chuck Holzman, absent Anne Schneider, Chairperson, present Kitty Reilly, present Lurene Lyzen, present Bob Amato, absent (arrived 7:05) Captain Bob Pieper, Code Enforcement Officer AI White, Code Enforcement Inspector Chairperson Schneider reminded the members to notify the Deputy City Clerk, AI White, or even leave a message with the receptionist at City Hall when they are unable to attend a meeting. Haines apologized for not notifying anyone last month of his absence. 4. Approval of the April 15. 1997 Regular Meeting Minutes Moved by Lyzen; Second by Schneider; Motion carried to approve the minutes as written. 5. Discussion of Closed and Pending Cases. (Amato arrived.) Chairperson Schneider asked about the sign magazine rack in the right-of-way. White said the rack was located at S.R. 434 and Moss Road; the area has been cleaned up, and the rack is in a police evidence locker at this time. Lyzen inquired about the real estate signs (Highland Lakes) at Sheoah Boulevard and Shepard Road. White said that the signs (also at S.R. 434 and Sheoah) have been approved by the Building Department. She then asked why the case at 625 Marni Drive (page 3) was on the past two agendas but the report (City Ordinance Violations) shows the case as problem corrected. White explained that the case was researched by a neighbor and himself, and at that time, prior to a previous meeting they determined that the situation resolved itself; however, two days after a code board meeting the problem resurfaced, and the case reopened. The problem with the chicken has been corrected. White explained that Item #8 will not be presented because there is a new owner of property. Code Enforcement will have to start over with the new owner. Minutes Code Enforcement Board June 3, 1997 - Special Meeting Page 2 6. Case #96017874.............................. Owner: Charles A.. Ir. & Paula Baker 121 Sable Court Mortgagee: Atlantic Mortgage & Inv. CcJrR, Section: 4- I Occupants: Russell Mould and Renee Ronick (20.23) Animals at Large (20.24) Dog Defecating in Neighbors Yard (20.25) Barking Dog Pieper explained that on April 22, 1997 an officer issued a Code Enforcement citation #ZOO 1129, Case #97007638 to Russell Mould for a loose dog. The citation carried a fine of $50.00. Since that time White has tried to explain to Mould why he was issued a $50.00 citation when the relief order by the Code Enforcement Board was $25.00. Gray asked why the case came back to the board after only one recurrence. Pieper said that every case is brought back to the board when there is a violation in the face of a standing relief order. He asked the board if they want to amend the relief order and increase the fine. Pieper explained the two methods of fining (citations and relief orders) which could be issued to a violator. White eXplained that the computer information in the Police Department doesn't include relief order information, possibly someday. The police officers are operating on the city code and citation information. White said he chose not to levy the relief order fine because of the complication. The problem was further complicated by Mould taking the issue to the Circuit Court. White has submitted paperwork to the Court, but is awaiting an answer. (Relief Order) Motion: In the case of Code Enforcement Board # 96017874 of the City of Winter Springs, Charles A. Jr. and Paula Baker, Atlantic Mortgage and Investment Corp., and Occupants: Russell Mould and Renee Ronick having been previously found to be in violation of Section 4-1 of the Code of this City (20.23 and 20.24, Seminole County) at the Code Enforcement Board meeting of April 15, 1997, 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, it is moved that, Charles A. Jr. and Paula Baker, Atlantic Mortgage and Investment Corp., and Occupants: Russell Mould and Renee Ronick be given due notification that this is a repeat violation, and fine of $200.00 as provided by FSS I 62.09(2)(a) shall be imposed for each instance of this violation after the owners have been notified, 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 instance of the violation until compliance is achieved as verified an officer of the Lpen, aye,- Amato, nay,- Schneider, aye. 7. Case #97000935.............................. Owner.' lames Daniel 625 Marni Drive Mortgagee: Norwest/lllinois Section: 4- I (20.25) Barking Dog This complaint came to the Code Inspectors attention on January IS, 1997, and research of past incidents uncovered a number of complaints of barking dogs in the Marni Drive area. There have been 12 incidences of barking dog complaints. Five of the twelve incidences were posted written warnings; one was a mailed written warning; and six include comments from the officers of no report. All twelve complaints can not be attributed to this location, but they may be related because of the time and proximity. On February 4, 1997, Officer Frein noted the on-going problem, and turned it over to the Code Enforcement Board. The officer also noted that the barking was identified at the location of 625 Marni Drive. White stated that due process is satisfactory under Florida Statutes. Lyzen asked to be excused from the case. Chairperson Schneider accepted. Chairperson Schneider said that she wants to be cautious, and proposed to continue the case to the next scheduled meeting so the city can gain more physical evidence. Discussion. Minutes Code Enforcement Board June 3, 1997 - Special Meeting Page 3 (Finding of Fact) ti.Q.tiQn: In the case of Code Enforcement Board # 97000935 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector. 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. Hotionby Schneider. ..SecondbyAmato. Discussion. Gray wanted to ask Lyzen something, but was encouraged not to because of conflict of interest. White noted that the Chair said she would feel more comfortable if the four police officers and complainants were to appear. Gray agreed with the Chair. The Chair said to bring the case back even if the owner cannot be contacted; there are other forms of evidence. 8. Case #97001914.............................. Owner.' National Loan Inv. LP 211 North Moss Road (Lots 1.2.3.4) Section: 13-2(b) Rotted Fence This item was not presented; see item #5 for explanation. 9. Adjournment Chairperson Schneider adjourned the meeting at 8: 10 p.m. Hinutes submitted by: Martha jenkins, Deputy City Clerk