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HomeMy WebLinkAbout1998 01 20 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 1998 - REGULAR MEETING 1. Call to Order Pled2e of AIle2iance The meeting was called to order at 7:03 p.m. on Tuesday, January 20, 1998, by Chairman Ken Haines in the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. 2. Roll Call Ken Haines, Chairman, present Bob Gray, present Anne Schneider, absent Marc Clinch, arrived at 7:05 p.m. Lurene Lyzen, present Joanne Krebs, present Also Present Don LeBlanc, Land Development Coordinator Jimette S. Cook, Code Enforcement Officer 3. Aooroval of the November 18.1997 Re2ular Meetin2 Minutes Board Member Bob Gray said that "UCF" should be added in front of the words "Institute of Government" on the last line of the last paragraph of page three (3) of the minutes. It was then moved and seconded to approve the minutes. Motion passed. 4. Introduction to Ms. Jimette S. Cook. the Code Enforcement Officer Don LeBlanc introduced Ms. Jimette S. Cook as the City's new Code Enforcement Officer. He mentioned some of her credentials, including that she is a Certified Code Inspector. 5. Review of Procedures Ms. Cook explained that the packets that each Board Member will receive, will not contain in-depth case information as in the past - as each respondent, per Florida Statutes should legally be given "Due Process, which means that they have a chance to look at...to know the evidence that you're making a decision on...that they cross-examine witnesses - MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 1998 - REGULAR MEETING PAGE 2 OF 4 witnesses also mean evidence; and by having information beforehand, you're able to make a decision or form an opinion before the Board hearing, and that opens you up to appeal". Further comments from Ms. Cook included: Quasi-Judicial Board responsibilities (according to Florida Statutes); ex-parte communications; evidentiary rules; and the Jennings vs. Wade judicial ruling. Ms. Cook explained that the department report that will be sent out, will now be in a slightly different format. She also spoke of site visits and abstaining from voting (according to Florida Statutes). To abstain, Ms. Cook told the Board of the following criteria that applies to this: "The only way that you can abstain from a vote under Florida Statutes is if you have a real financial interest in the decision being made, or your business associate has a financial interest, or a relative has a financial interest". Board Member Joanne Krebs brought up how she had received an anonymous letter regarding a building permit violation. Ms. Cook explained that this information should be entered into the public record - that a memo should be written regarding the events in which the letter was received, and also explaining the contents of the letter. Ms. Cook also spoke about why "Past and Pending Cases" would no longer be on the Agenda, as "We really don't want to do that. And the reason why is Florida Statutes allow for repeat violations...repeat violations automatically go up to $500.00 per violation. Anything that we talk about, any case that we hear, could be a repeat violation". She further explained that this would be acceptable, if the person had been given the appropriate notice, if it is advertised, and if all applicable rules are followed. Mr. Gray asked about continuing cases - from one meeting to another. Ms. Cook said that one can ask if it is or is not being heard, and she will answer accordingly; but, that it is not fair to discuss what has happened as there was no "Due Process" given. There was further discussion regarding case information that was sent out in the past, and the Jennings vs. Wade judicial ruling. Chairman Ken Haines asked about the Institute of Government Code Enforcement seminars. Ms. Cook recommended and elaborated about seminars hosted by Mr. Bob Hamilton (formerly the Attorney for the City of Orlando). She then read the agenda from one of his workshops. Ms. Cook said that she would check into the costs for his seminars. Chairman Haines next asked Ms. Krebs about her comments from the last meeting regarding "Relief Orders". There was further discussion. Ms. Cook then distributed to the Board a "History of Code Enforcement Fines by the Code Enforcement Board". Chairman Haines suggested that this information could be discussed with Bob Hamilton at an upcoming seminar. There was further discussion about organizing an informational semmar. MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 1998 - REGULAR MEETING PAGE 3 Ol<~ 4 Further discussion ensued on cross-examinations; Due-Process; compliance; repeat violations; and relief orders. Ms. Cook said that she would check with the City Attorney regarding a compliance date, and related relief orders. There was further discussion regarding a Code Enforcement seminar, and also about reviewing certain codes. It was suggested that "It could be in the scope of this Board to point out ordinances that we have trouble with, and cause us.. . aggravation. ..". Then, it was suggested that the City Commission could do something with this information, and have the particular codes re-written if necessary. Chairman Haines suggested that at the next meeting, the Board could address some of the Codes that they have particular concern with. 6. Case #CEB-97-039 Owner: Melinda Miller Location: 1217 Deer Run Section 6-217, No Pool Enclosure ACTION: In compliance as of this date. 8. Case #CEB-97-069 Owner: Highland Homeowners' Association Contractor: P.E.I. Homes, Inc. and Case #CEB-97-071 Owner: Highland Homeowners' Association Contractor: P.E.I. Homes, Inc. Location: 3rd at Sheoah Section 16-53, Unpermitted Signs 7. location: 3rd at MacGregor Section 16-53 Unpermitted Signs ACTION: Regarding both cases (7) #CEB-97-069 and (8) #CEB-97-071 - Ms. Cook stated that after meeting with the Attorney for the City and the Attorney for the respondent, an agreement was made at a recent meeting, that a continuance for six (6) months was requested, based on concerns with the wording of the Code. "So, we are going to continue Case 97-069 and 97-071 at the February 17th meeting of the Code Board". Moved by Lyzen. Seconded by Krebs. Vote: Clinch, aye; Lyzen, aye; Schneider, absent; Gray, aye; Haines, aye; Krebs, aye. Motion passed. Ms. Krebs asked if there were additional copies of the Sunshine Law book that could be made available to other Board Members. The Deputy City Clerk was asked to check into this. Chairman Haines gave his copy to Marc Clinch. Mr. Gray suggested that each of the Board Members introduce themselves to Ms. Cook, and each Board Member did so. MINUTES CODE ENFORCEMENT BOARD JANUARY 20, 1998 - REGULAR MEETING PAGE 4 01<' 4 There was further discussion as to what should be done if problems with specific Codes were identified by Board Members. Also discussed was Al White's present status, and appropriate meeting dates for the Board. Board Member Lurene Lyzen said that she would like to attend another city's Code Enforcement meeting, and Ms. Krebs agreed. Ms. Cook said that she would find out for the Board when other city's Code Enforcement meetings were scheduled. Ms. Lyzen said that she would also check into this matter. The Board asked if the City Commission was aware of the need to choose a replacement for Kitty Reilly's seat. They were told by the Deputy City Clerk that the City Commission had been informed. 9. Adjournment The meeting was adjourned by Chairman Haines at 7:55 p.m. with consensus of the Board. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida BOARDS/codeenfo/ty9798/millutes/O 12098.doc