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HomeMy WebLinkAbout1998 05 19 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD MAY 19,1998 - REGULAR MEETING I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, May 19, 1998, by Chairman Ken Haines in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Ken Haines, Chairperson, present Lurene Lyzen, Vice Chairperson, present Anne Schneider, absent Bob Gray, present Marc Clinch, absent Joanne Krebs, present Jim DeGore, absent Also Present Jimette S. Cook, Code Enforcement Officer Commissioner Robert S. Miller Approval of the April 21, 1998 Regular Meeting Minutes With consensus of the Board, it was decided to table the minutes from the April 21, 1998 meeting; however, the Board Members in attendance did decide to discuss the minutes, and asked for the following addition/correction to the minutes, in accordance with Board Member Joanne Krebs' request for any other discussion that should be added to the last line of the first paragraph on Page 3 of the minutes from April 21, 1998. NOTE FROM THE DEPUTY CITY CLERK: The following paragraph is copied directly from the minutes of Tuesday, April 21, 1998 - as they were stated in last month's minutes. The italicized text following the copied text are the comments (also verbatim) that followed, from the recording of the April 21, 1998 meeting - per the request of Board Member Joanne Krebs: Board Member Schneider replied that "It wasn't so much...! didn't suggest that they have the power to levy fines or anything. I guess my...concem was that the Building Code is in part of the regular City Code, it's part of the regular City Code, and I thought that was under our jurisdiction, but the Building Department seemed to have the ability to say, you in...in violation, and they'll read the law...they'll read the statute, and it will be kind of like...interpretive, it's not clear...it's vague and it's a gray area and the Building MINUTES CODE ENFORCEMENT BOARD MAY 19,1998 - REGULAR MEETING PAGE 2 OF 5 Department will make the call, and say...you...you're not in compliance with the Codes, so therefore we're going to deny you a permit. And then it would come here, because they're not in compliance with the Code...that's almost automatic. The problem is that puts us in a bind; because if we as the Code Board look at the Code, and see it differently than the Building Department, then we are working contrary to another City function. But in some cases, my feeling was, the Building Department was wrong...to deny these people a permit; but I don't have the power to tell the Building Department they were wrong. Do you see what I mean, and...that...so we're kind of in a bind. The Building Department has already made the call - they've already decided...yes, they've read the Code...yes, this person is in violation or does not conform with the Code, so therefore...and that's that, and they follow their due procedure. But then when it comes to us, it's sort ofhard...to say...well, I interpret the Code...and I don't think this person is in violation". Ms. Cook responded saying, "Then you would find them in compliance, and the Building Department would have to sign off on it". Board Member Schneider continued, "...Ohhh...ok...can we get..." Ms. Cook then said, "...1 would imagine... " Board Member Gray added, "...In essence, we can overrule the Building Department." Ms. Cook then said, "... Yes, you are the appeal. Can I just read for the record...the response..." (At this point Ms. Cook read the following statement for the record, that appeared on the recording, and in the minutes from April 21, 1998: "At the February 19th Code Enforcement Board Meeting, Anne Schneider raised some concerns about the Building Department. In reviewing those comments, I offer the following - the Building Department is committed to applying the appropriate regulations to applications and inspections. The Building Department is not a Quasi-Judicial Board, and may not levy fines for violations of these regulations. The Building Department uses the Code Enforcement Board to prosecute violations of the City Code, and the Code Enforcement Board is a Quasi-Judicial Board, and has the authority to levy fines and take whatever steps necessary to correct a violation, per Florida Statutes, Chapter 152". Motion: "I move to table the minutes to the next meeting, due to two of us not being there, and we wouldn't have a quorum to vote on them". Motion by Lurene Lyzen. Seconded by Bob Gray. Discussion. Vote: Gray: aye; Haines: aye; Krebs: aye; Lyzen: aye. Motion passed. II. REGULAR AGENDA Ms. Jimette S. Cook, Code Enforcement Officer first spoke to the Board and stated that the following two cases will not be heard, as they are in compliance: B. Case #CEB-98-359 Location: 1025 Chokecherry Drive MINUTES CODE ENFORCEMENT BOARD MAY 19,1998 - REGULAR MEETING PAGE 3 OF 5 Luis F. & Yvonne Rodriguez Section 20-433, Disabled Motor Vehicle Location: 960 Papaya Lane Section 10-26, Violation Of Occupational License C. Case #CEB-98-276 Kenneth P. & Donna Rose Goren A. Case #CEB-98-1 08 Ronald J. Seddon & Donna Seddon Location: 419 North Hawthorne Section 20-433, Disabled Motor Vehicle Ms. Cook asked the Board for a continuance of this case; which involves a disabled "classic" car in the yard, and there has been difficulty getting in touch with the owner, who lives out of town, and has health problems. The owner's daughter (who also lives out of town) has told Ms. Cook that she plans to take care of this matter, and hopefully by the June meeting, this case will be in compliance. Motion: "Can I move that we continue this case until next month". Motion by Bob Gray. Seconded by Joanne Krebs. Discussion. Vote: Krebs: aye; Haines: aye; Gray: aye; Lyzen: aye. Motion passed. D. Case #CEB-98-052 Tuscawilla Land Company Location: Arrowhead Court & Winter Springs Boulevard Section 16-87, Banner Signs (Flags) Ms. Cook looked in the audience, then announced that no one was present representing Tuscawilla Land Company. Ms. Cook then read the definition of Banner Signs. Ms. Cook showed photographs of Arrowhead (the subdivision in question) - and stated that the Arrowhead subdivision has not complied with the City's request, whereas other subdivisions have. Further discussion ensued regarding contact with the parties involved. Ms. Cook explained to the Board about regarding the applicable notice that has legally been done, and that no permits have been granted for this subdivision. Motion: "In the case of Code Enforcement Board Number Case Number CEB-98- 052, 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 Tuscawilla Land Company (Arrowhead Court & Winter Springs Boulevard) is in violation of Sections 16-87 of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting". Motion by Bob Gray. Seconded by Lurene Lyzen. Vote: Lyzen: aye; Krebs: aye; Gray: aye; Haines: aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD MAY 19, 1998 - REGULAR MEETlNG PAGE 4 OF 5 Motion: "In the case of Code Enforcement Board Number Case Number CEB-98- 052 of the City of Winter Springs, Tuscawilla Land Company having been found to be in violation of Section 16-87 of the Code of the City, I move that Tuscawilla Land Company upon due notification by this Board, be given thirty (30) days after notification, 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 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". Motion by Bob Gray. Seconded by Lurene Lyzen. Discussion. Vote: Krebs: aye; Lyzen: aye; Gray: aye; Haines: aye. Motion passed. E. Case #CEB-98-456 Whitemark Construction Location: Winter Springs Boulevard At Chelsea Parc Section 16-53, Sign Erected Without Permit Ms. Cook entered into the record a photograph of the "offending sign". Ms. Cook noted for the record "That there's no one here to represent Whitemark...is there?...and there's not". Ms. Cook presented information regarding this case, to the Board. In further discussion, Ms. Cook mentioned that Whitemark Construction had told her that they had applied for a permit (after the fact), but it had been denied. However, the sign in question, is still standing. There was further discussion about the details of this case. Motion: "In the case of CEB Number 98-456, 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. Based upon these proceedings, I move that Whitemark Construction of (Winter Springs Boulevard At Chelsea Parc) is in violation of Section 16-53 of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting". Motion by Joanne Krebs. Seconded by Lurene Lyzen. Vote: Haines: aye; Krebs: aye; Lyzen: aye; Gray: aye. Motion passed. Motion: "In the case of CEB-98-456 of the City of Winter Springs, Whitemark Construction having been found to be in violation of Section 16-53 ofthe Code of the City, I move that Whitemark Construction, be given seven (7) days after notification, 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 MINUTES CODE ENFORCEMENT BOARD MAY 19,1998 - REGULAR MEETlNG PAGE 5 OF 5 is achieved, as verified by the 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 of the City". Motion by Joanne Krebs. Seconded by Lurene Lyzen. Discussion: Vote: Lyzen: aye; Gray: aye; Haines: aye; Krebs: aye. Motion passed. III. DISCUSSION OF GENERAL ISSUES Board Member Bob Gray asked about the current caseload. Ms. Cook explained that they were very busy; that a part-time inspector was assisting Ms. Cook, and was pulling about 40 to 60 signs per week, from the right-of-way. In addition, he was assisting with a street by street inspection for violations. Ms. Cook then mentioned that Mr. John Pollard had been hired as the City's Environmental Inspector (City Forester/Code Enforcement Inspector), and she explained some of his duties within the Code Enforcement Department. Vice Chairman Lyzen then told Ms. Cook "I think you're doing a fantastic job, since you've been here"! This comment was also echoed by Chairman Haines and Board Member Krebs. There was further discussion about water restrictions within the city. Chairman Haines told those in attendance that Board Member Krebs had returned the Board's copy of the "Government in the Sunshine" manual; and it was given to the Deputy City Clerk until the next meeting. There was discussion about this matter. Chairman Haines spoke for the record, "I'll leave it in the hands of the City". Board Member Krebs asked about pages 135 and 136 of the Code of Ordinances, pertaining to "Administration". Ms. Cook elaborated about this section, and how it applied to the Code Enforcement Board, the City, and our jurisdiction. IV. ADJOURNMENT The meeting was adjourned by Board Member Schneider at 7:34 p.m. with consensus of the Board. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida DOCSlboards/codeenfo/fy9798/minutes/051998.doc