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HomeMy WebLinkAbout1997 10 21 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD OCTOBER 21, 1997 - REGULAR MEETING 1. Call to Order. Pledee of Alleeiance The meeting was called to order at 7:00 p.m. on Tuesday, October 21, 1997, by Chairman Ken Haines in the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida). The Pledge of Allegiance followed. 2. Roll Call Ken Haines, Chairman, present Bob Gray, absent Anne Schneider, absent Marc Clinch, present Kitty Reilly, present Lurene Lyzen, present Joanne Krebs, present Also Present Deputy Chief Robert A. Pieper, Code Enforcement Officer David Alamina, Senior Building Inspector Robert Guthrie, City Attorney 3. Approval of the September 16. 1997 Reeular Meetine Minutes Motion by Lyzen, and second by Reilly. Motion passed. 4. Discussion of Closed and Pendine Cases Lurene Lyzen asked Deputy Chief Pieper about Case Number 97016834, "Non-Conforming Use", dated April 1997. Deputy Chief Pieper explained that the case had to do with the use of property outside of the Winter Springs Codes which became irrelevant because the property is located in the County. Lurene Lyzen also asked about the case pertaining to "Watering Yard", dated September 24, 1997. Deputy Chief Pieper stated that Al White had not discussed that case with him, but said that "regardless, we're not in the same drought conditions that we have been in the past several years. The St. John's River Water Management district still maintains specific times for watering ofa yard". Before the following cases were presented, Deputy Chief Pieper explained that Al White, Code Inspector for the City has resigned his position with the City of Winter Springs. He also MINUTES CODE ENFORCEMENT BOARD OCTOBER 21, 1997 - REGULAR MEETING PAGE 2 OF 4 mentioned that the City recently restructured - the Code Enforcement Department is now a part of the Community Development Department. Deputy Chief Pieper introduced David Alamina, Senior Building Inspector for the City who would assist tonight in place of Al White. Chairman Ken Haines commented that Al White will be missed, and that "he's done an outstanding job for the City". 5. Case #97012005. Intersection of Shepard Road and Sheoah Boulevard Owner: Hi2hlands Homeowners' Association Contractor: PEl Homes. Inc. Section 16-53. IIIe2al Si2ns and 6. Case #97012007. Intersection of Sheoah Boulevard and S.R. 434 Owner: Hi2hlands Homeowners' Association Contractor: PEl Homes. Inc. Section 16-53. IIIe2al Si2ns Deputy Chief Pieper stated that because Case Number 5 and Case Number 6 were both identical cases and both involved the same issues, he wanted to present both at the same time. The Board approved this. At the Chairman's suggestion, witnesses for tonight's testimony were sworn in. Deputy Chief Pieper presented the case and provided testimony. As of this date, the problems have not been corrected. James Olson, Attorney, representing the Highlands Homeowners' Association and Richard Levine, with P.E.I. Homes, Inc. both provided testimony. Discussion. Chairman Haines asked if there was anyone else who wanted to speak on this case. Robert Guthrie, (with Kruppenbacher & Associates), Attorney for the City introduced himself to the Board and stated that he had assisted David Alamina, Senior Building Inspector, with this case. He told the Board that he was available should the Board require any questions answered regarding the Code or tonight's proceedings. Chairman Haines asked if there was anyone else that wanted to add anything new to this case. Robert Guthrie said to the Board - that even though the Homeowners' Association approved this, that isn't the issue. Mr. Guthrie further stated that "the key issue is whether or not building permits were issued. I mean you can take the time to have this testimony, but we have seen the letter that indicates that they indeed have approved these signs, and we accept that fact, we just don't think they're the permitting authority. We think the City is". Mitch Cherkes, President of the Highlands Homeowners' Association next addressed the Board regarding these cases. Deputy Chief Pieper reiterated what the actual purpose of tonight's meeting was, and again explained the actual permitting status for signs as they pertained to these two cases. He further MINUTES CODE ENFORCEMENT BOAIW OCTOBER 21, 1997 - REGULAR MEETING PAGE 3 OF4 questioned the true validity of these signs and stated that if the signs were in fact "directional" signs, then they would clearly be of a more permanent nature, and this simply was not the case. Deputy Chief Pieper responded to the Boards question about including both Case Numbers in the following Motion, but stated that there would need to be two separate "Finding of Facts" forms completed for each of the two cases. (Finding of Fact) Motion: In the case of C.E.B. 97012005 (Intersection of Shepard Road and Sheoah Boulevard) and in the case of 97012007 (Intersection of Sheoah Boulevard and State Road 434) 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, I move that Highlands Homeowners' Association of Winter Springs and P.E.I. Homes, Inc. are in violation of Section 16-53 (Illegal Signs) of the Code of the City of Winter Springs and that an appropriate Relief Order be issued at this meeting. Motion by Krebs. Second by Reilly. Vote: Krebs, aye; Reilly, aye; Haines, aye; Lyzen, aye; Clinch, aye. Motion passed. (Relief Order) Motion: In the case of Code Enforcement Board Number 97012005 and 97012007 of the City of Winter Springs, P.E.I. Homes and Highlands Homeowners' Association having been found to be in violation of 16-53 of the Code of this City, I move that P.E.I. Homes and Highlands Homeowners Association be given (30) thirty days to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $50.00 per day will be imposed until compliance is achieved, as verified by an officer of the city. Furthermore, any and all future recurrences 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. Motion by Haines. Second by Krebs. Discussion. The Relief Order was amended to be $50.00 per violation, per day, per case. Vote: Clinch, aye; Krebs, aye; Reilly, aye; Haines, aye; Lyzen, aye. Motion passed. 7. Case #97018650, 212 Buttonwood Avenue Owner: Kevin Smith Mort2a2ee: First Nationwide Mort2a2e Section: 4-1 (20.25), Barkin2 D02 Deputy Chief Pieper presented the case. Yvonne Smith, resident at 212 Buttonwood Avenue explained that she did know who had made the complaints about the barking dog(s) in this case. Ms. Smith then stated that two of the dogs at her residence were "foster" dogs (one of which was one of the two barking dogs referred to in this case); and that because of the complaints, and because she could not find homes for the two foster dogs, the two "foster" dogs were taken to Animal Control. From that point on, she only had her own two dogs at her residence, and Ms. Smith thought that the situation had been corrected. Discussion followed. MINUTES CODE ENFORCEMENT BOARD OCTOBER 21, 1997 - REGULAR MEETING PAGE 4 OF 4 Chairman Haines asked Ms. Smith if she had seen the section on "Noisy Animals" and if she would like him to read it. She said "yes". Chairman Haines then read the Code. Deputy Chief Pieper then asked Ms. Smith when she had received the citation(s) in question. Discussion followed. Deputy Chief Pieper then concluded the case. (Finding of Fact) Motion: In the case of Code Enforcement Board Number 97018650 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 as heard at this meeting the sworn testimony of the parties involved in this case. Based upon these proceedings, I move that Kevin and Yvonne Smith of212 Buttonwood and mortgagee First Nationwide was in fact in violation of Section 4-12-.25 of the Code of the City of Winter Springs, and that such violation has been corrected as of this meeting, and 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 Krebs. Discussion. Vote: Reilly, aye; Haines, aye; Lyzen, aye; Clinch, aye; Krebs, aye. Motion passed. (Relief Ordel~ Motion: In the case of C.E.B. Number 97018650 of the City of Winter Springs, Kevin Smith and First Nationwide Mortgage having been found to have been in violation of Section 4.1 (20.25) [Barking Dog] of the Code of this City, I move that Kevin Smith and First Nationwide Mortgage be notified by this Board that any future violations of the Code Section result in a fine being imposed in the amount of $75.00 per violation until compliance is achieved, as verified by an officer of the city. Furthermore, that any and all future recurrences 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 Yvonne Smith is present and has heard the order of the Board, I further move that the due notification has been given at this meeting. Motion by Reilly. Second by Lyzen. Discussion. It was clarified by Ms. Reilly that the motion was to be ''per violation". Discussion. Vote: Reilly, aye; Haines, aye; Lyzen, aye; Clinch, aye; Krebs, aye. Motion passed. Ms. Smith asked Chairman Haines what a Relief Order was, and the Chairman explained the terminology. 12. Adjournment Chairman Haines adjourned the meeting at 8:20 p.m. with the consensus of the Board. Minutes re5pectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida BOARDS/codeenfo/fy9798/minutes/ 1 02197.doc