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Home My WebLink About1998 09 22 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 22, 1998 - REGULAR MEETING [This meeting was previously scheduled for September 15, 1998; however, there was no quorum on that date.] I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:02 p.m. on Tuesday, September 22, 1998, by Madam Chairperson Joanne Krebs in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Madam Chairperson Joanne Krebs welcomed the newest Board Member - Mr. Chuck Holzman, and everyone then introduced himself or herself. Roll Call Joanne Krebs, Chairperson, present Anne Schneider, Vice Chairperson, absent Jacqueline Adams, present Paul Finnegan, present Ken Haines, absent Chuck Holzman, present Doug Reid, absent Also Present Charles C. Carrington, AICP, Community Development Director Jimette S. Cook, Code Enforcement Officer Approval ofthe July 21, 1998 Regular Meeting Minutes "I move to approve the minutes of July 21, of 1998". Motion by Paul Finnegan. Seconded by Jacqueline Adams. Discussion. Vote: Jacqueline Adams: aye; Paul Finnegan: aye; Chuck Holzman: abstain; Joanne Krebs: aye. Motion passed. II. REGULAR AGENDA Code Enforcement Officer Jimette S. Cook, advised the Board that the following case is In Compliance: A. Case #CEB-98-806 Joseph O. Landers Occupant: Kim Wasurick Location: 218 Albert Street Section 20-433., Disabled Motor Vehicle MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 22, 1998 - REGULAR MEETING PAGE 2 OF 4 Ms. Cook next mentioned that the following cases would not be heard as "That property has been foreclosed". C. Case #CEB-98-829 Frank A. & Maureen E. Messina Location: 170 Lori Anne Lane Section 13-2., Untended Grass and Weeds D. Case #CEB-98-839 Frank A. & Maureen E. Messina (F ence) Location: 170 Lori Anne Lane Section 13-2., Trash and Debris The following case was then presented: B. Case #CEB-98-840 Owner: Austin Homes Location: Northern Way and Greenbriar and Winter Springs Boulevard Section 13-2., Untended Grass and Weed (Vacant Lots) Code Enforcement Officer Cook briefly explained to the Board about the status of the (official) notification that was served to Austin Homes, prior to this evening's meeting. Ms. Cook asked if there was anyone in attendance to represent Austin Homes. (There was no reply). In addition, Ms. Cook also added that it would have been helpful to this case, if the City had legal representation present tonight. At 7:07 p.m., a short recess was called. The meeting reconvened at 7:12 p.m. There was further discussion pertaining to the hearing of this case. The Deputy City Clerk swore in those persons who may be providing testimony in this case. Ms. Cook explained about the untended lots in question, and how they have become overgrown. She then showed photographs of these particular lots to the Board. Ms. Cook explained about some of the previous conversations that she has had with Austin Homes regarding the lots. Ms. Cook then told the Board that at one point, Austin Homes did in fact mow part of one of the lots, but then left a huge "hill of dirt with weeds" on this lot - which was still unacceptable, and it did not meet Code. MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 22, 1998 - REGULAR MEETING PAGE 3 OF4 Mr. Paul Byrd (933 Wedgewood Drive), who owns a home adjacent to one of the "problem" lots (mentioned above), spoke about this situation. He stated that the back of his lot should look out to the Golf Course, but ever since he moved in, (in July of 1998), his view is instead of the untended lot and lately, the "hill of dirt". (Mr. Byrd then gave some photographs depicting this view to Code Enforcement Officer Cook, who then passed the photographs on to the Board). Mr. Byrd felt that the City's Code was clear, but that Austin Homes was being uncooperative. Problems with unsightly (tall) weeds, erosion, snakes and rodents have also been evident on this lot, and Mr. Byrd was asking that the City please take care of this matter. The appropriate code was read out loud for clarification, and Ms. Cook elaborated on the unacceptable overgrowth, and stated that "What the City is asking for is a Finding of Non-Compliance; a reasonable time for me to give notice to them that they're in Non- Compliance; and a fine of$100.00 a day, each time, until it comes into Compliance, and then, each time it falls into Non-Compliance again". Ms. Cook briefly explained to Mr. Byrd about the suggested "Finding", especially if a lien may be involved. There was further discussion about front-end loaders; the removal of trees; and the City's Arbor Ordinance. Code Enforcement Officer Cook clarified that all three lots in question (owned by Austin Homes), were all part of the same case, and that the applicable fine would apply to any and all of the three lots. FINDING OF FACT: In the case of CEB Number 98-840 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, (Mr. Byrd). Based upon these proceedings, I move that Austin Homes et a1 (untended lots at Northern Way and Greenbriar and Winter Springs Boulevard) are in violation of Section 13-2 of the Code of Winter Springs, and that an appropriate Relief Order be issued at this meeting. Motion by Paul Finnegan. Seconded by Jacqueline Adams. Discussion. Vote: Jacqueline Adams: aye; Joanne Krebs: aye; Chuck Holzman: aye; Paul Finnegan: aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 22, 1998 - REGULAR MEETING PAGE 4 OF 4 RELIEF ORDER - ORDER OF THE BOARD: (AMENDED) In the case of CEB Number 98-840 of the City of Winter Springs, Austin Homes having been found to be in violation of Section 13-2 of the Code of the City, I move that Austin Homes, upon due notification by this Board, be given fourteen (14) days to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $100.00 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 Jacqueline Adams. Seconded by Paul Finnegan. Discussion. Vote: Paul Finnegan: aye; Joanne Krebs: aye; Jacqueline Adams: aye; Chuck Holzman: aye. Motion passed. III. DISCUSSION OF GENERAL ISSUES There were questions and related discussion about pending fines that have been levied, and Ms. Cook spoke further about this topic. Ms. Cook also advised the Board that if they felt more comfortable with Counsel present at future Code Enforcement Board Meetings, to please inform the Deputy City Clerk, or herself. Problems with signage was discussed with many different situations mentioned. Board Members and Ms. Cook suggested possible solutions. Discussion ensued regarding the enforcement of "repeat violations". Ms. Cook suggested that any citizen or Advisory Board Member could write a letter to the City outlining any concerns they may have, (especially as it applies to signage problems). Discussion. Code Enforcement Officer Cook also answered questions about appeals; case violation reports; opinions from Bob Hamilton (former City of Orlando Attorney); and the status of the Code Enforcement Department's caseload. IV. ADJOURNMENT The meeting was adjourned at 7:55 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida DOC S/boards/ codecn f o/fy97 98/mi n u tes/09 2298. doc