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HomeMy WebLinkAbout1998 10 20 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD OCTOBER 20, 1998 - REGULAR MEETING I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, October 20, 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. 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 Jimette S. Cook, Code Enforcement Officer Approval of the September 22, 1998 Regular Meeting Minutes "I make a Motion to approve the minutes". Motion by Jacqueline Adams. Seconded by Paul Finnegan. Discussion. Vote: Jacqueline Adams: Aye; Chuck Holzman: Aye; Paul Finnegan: Aye; Joanne Krebs: Aye. Motion passed. Chairperson Krebs announced to the Board that Vice Chairperson Anne Schneider had sent in a letter of resignation, and then read portions of the letter of resignation. II. REGULAR AGENDA Ms. Jimette S. Cook, Code Enforcement Officer mentioned to the Board that the first three cases were listed with the wrong case "numbers" - A. Case #CEB 97-014 should be Case #CEB 98-014; B. Case #CEB 97-846 should be Case #CEB 98-846; and C. Case #CEB 97-643 should be Case #CEB 98-643. Code Enforcement Officer Cook then advised the Board that the following case is "In Compliance" and would not be heard: MINUTES CODE ENFORCEMENT BOARD OCTOBER 20, 1998 - REGULAR MEETING PAGE 2 OF 6 D. Case #CEB 98-888 Location: 6 Sherry Avenue Richard & Theresa Constantine Section 16-53., No Sign Permit "Big Tenant: Alex K. De-La-Hoz Power" The Deputy City Clerk then swore in those persons who may be providing testimony in any of tonight's cases. Ms. Cook asked the Board if she could begin with Case B, and the Board agreed: B. Case #CEB 98-846 James & Robin McCrae Location: 803 Buckie Drive Section 13-2., Accumulation of Trash & Debris & Untended Grass & Weeds Code Enforcement Officer Cook began this case by reading for the record (see attached), a letter Ms. Cook received from a neighbor regarding this residence and then presented photographs that had been taken of this property. Ms. Cook further discussed the status of the mailbox, along with the disrepair of this house and yard. Ms. Robin McCrae who is one of the owners of this property addressed the Board and explained her personal situation regarding the ownership of this home; and said that no one lives in the house as the roof needs repair. Ms. McCrae spoke about the "one" offer to purchase the house, that they have received; and how they have wanted to fix up this property, but due to time constraints, they have not been able to make the kind of improvements to this property that they would have liked to. Discussion. The Board asked what the City was recommending, and Jimette asked that she is recommending "a date certain for compliance". FINDING OF FACT: In the case of CEB 98-846 of the City of Winter Springs, the Code Enforcement Board has read the compliant filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector and Ms. Robin McCrae. Based upon these findings, I move that Robin McCrae and/or James McCrae (of 803 Buckie Drive) 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 Chuck Holzman. Discussion. Vote: Chuck Holzman: Aye; Joanne Krebs: Aye; Jacqueline Adams: Aye; Paul Finnegan: Aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD OCTOBER 20, 1998 - REGULAR MEETING PAGE 3 OF 6 (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: In the case of CEB 846 of the City of Winter Springs, James & Robin McCrae having been found in violation of Section 13-2. of the Code of the City, I move that James & Robin McCrae be given thirty (30) 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. Since Robin McCrae is present and has heard the order of this Board, I further move that due notification has been given at this meeting. Motion by Paul Finnegan. Seconded by Joanne Krebs. Discussion. Vote: Paul Finnegan: Aye; Joanne Krebs: Aye; Jacqueline Adams: Aye; Chuck Holzman: Aye. Motion passed. The following case was next presented: A. Case #CEB 98-014 D.R. Horton, Inc. Location: Greenbriar at Northern Way Section 16-53., Unpermitted Signs (Motion From the Board to Authorize The City Attorney to Foreclosure) Code Inspector Cook asked if anyone representing D.R. Horton, Inc. was present - there was no response from the audience. Some of the details pertaining to this case were presented by Ms. Cook to the Board, including discussion pertaining to a lien on this property. Ms. Cook explained to the Board that "What I need from you tonight, is a motion to recommend to the City Attorney, to foreclose on this outstanding lien, against D.R. Horton, for signage". Discussion. Ms. Cook further explained that she would like the motion to read as - "The Code Enforcement Board instructs the City Attorney to foreclose on D.R. Horton, in accordance with the Florida Statutes, it's CEB 98-104". "So Moved". Motion by Chuck Holzman. Seconded by Paul Finnegan. Discussion. Vote: Jacqueline Adams: Aye; Joanne Krebs: Aye; Chuck Holzman: Aye; Paul Finnegan: Aye. Motion passed. C. Case #CEB 98-643 Charles W. Sf. & Alice Scully Location: 774 Night Owl Lane Section 20-411., RV Code Inspector Cook asked the Board for a continuance until the next Code Enforcement Board Meeting, as Mrs. Scully is scheduled to request a permit from the City Commission on Monday, October 26, 1998. Ms. Cook explained to the Board that this case involves an oversized Recreational Vehicle in a residential area. MINUTES CODE ENFORCEMENT BOARD OCTOBER 20, 1998 - REGULAR MEETING PAGE 4 OF 6 "I Move that Case Number CEB #98-643 be continued until the next scheduled meeting in November". Motion by Chuck Holzman. Seconded by Paul Finnegan. Discussion. Vote: Joanne Krebs: Aye; Chuck Holzman: Aye; Paul Finnegan: Aye; Jacqueline Adams: Aye. Motion passed. E. Case #CEB 98-999 Jim Hall Location: 255 Old Sanford Oviedo Road (Hall Company Site) Section 106-1.1., (Standard Building Code) Occupying A Building Without Certificate Of Occupancy Ms. Cook told the Board that no one was present on behalf of the Hall Company. Code Inspector Cook then told the Board that in November of 1996, an Agenda Item before the City Commission requested a "Temporary Use Permit" for a modular office. This request was granted for a period of up to six months. After an inspection was done, it was determined that a number of items still remained to be completed before a Certificate of Occupancy could be issued. A letter (see attached) from the Engineer of Record was read for the record, by Code Inspector Cook. Ms. Cook emphasized to the Board that a building cannot be occupied unless a Certificate of Occupancy has been issued. Ms. Cook also mentioned that letters have been written; discussions have taken place; the City Engineer has been involved; and the Building Department cannot and have not been able to do a "tie-down" inspection. Code Inspector Cook said that this company just will not do what is necessary to come into compliance and qualify for a Certificate of Occupancy. Code Inspector Cook then stated that "The City is asking for a fine to start tomorrow morning. They were occupying the building this evening, or this afternoon, about 4:30 p.m. I'm asking for a fine of$100.00 a day, to start tomorrow, until the building is either vacated completely, or a C.O. is issued and paid for. It has not been approved by Engineering. It has not been approved by the Fire Department. There are discrepancies here that I don't know if they've been addressed yet. It could happen tomorrow, it could happen six months down the road, but, the City has come to the end of the ropes with this firm. This is a construction company - they know better!" Ms. Cook also read into the record, a letter (see attached) from the City Engineer to Ms. Cook. The letter is an update of this case and is dated the 12th of October. Discussion. (AMENDED FINDING OF FACT: In the case of CEB 98-999 of the City of Winter Springs, the Code Enforcement Board has read the compliant filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector (and no other parties were here). Based upon the proceedings, I move MINUTES CODE ENFORCEMENT BOARD OCTOBER 20, 1998 - REGULAR MEETING PAGE 5 OF 6 that Jim Hall (and/or the Hall Construction Company) of (255 Old Sanford Oviedo Road) is in violation of Section 106-1.1. of the Code of Winter Springs, and that an appropriate relief order be issued at this meeting. Motion by Paul Finnegan. Seconded by Chuck Holzman. Discussion. Vote: Jacqueline Adams: Aye; Paul Finnegan: Aye; Chuck Holzman: Aye; Joanne Krebs: Aye; Motion passed. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: In the case of CEB 98-999 of the City of Winter Springs, Jim Hall (et ai, Hall Construction Company) having been found in violation of Section 106-1.1. of the Code of the City, I move that Jim Hall (et ai, Hall Construction Company) be given no (0) days to come into compliance with regard to this violation. The owners of this property shall be fined $100.00 per day, running consecutively, until they do come into compliance with 106-1.1. The fine is to begin tomorrow, which is October 21, 1998. Motion by Paul Finnegan. Seconded by Jacqueline Adams. Discussion. Vote: Chuck Holzman: Aye; Joanne Krebs: Aye; Jacqueline Adams: Aye; Paul Finnegan: Aye. Motion passed. III. DISCUSSION OF GENERAL ISSUES Board Member Paul Finnegan asked Code Inspector Cook to summarize what had transpired at a recent City Commission meeting involving the issue of signage. Ms. Cook explained that at this particular meeting, Ms. Cook had updated the City Commission on "HomeFest" - a special event organized by the Home Builders' Association. This issue involved the placing of off-site signage; "weekends" only; and for a particular period of time. Ms. Cook explained to the City Commission, that although it had been approved based on the constraints given, unfortunately there had been definite violations. Ms. Cook also spoke about the following issues that she discussed at a Workshop with the City Commission: . parking of commercial vehicles in residential areas . maintenance of fences (which is not really covered III the City's Code of Ordinances, unless it is distinctly a case of "debris") . portions of the Arbor Ordinance . the "leash law" in reference to animals in the community. There was also brief discussion about some of these issues; the licensing of home-based businesses; and potential changes that should happen as a result of this workshop. MINUTES CODE ENFORCEMENT BOARD OCTOBER 20, 1998 - REGULAR MEETING PAGE 6 OF 6 Chairperson Krebs mentioned the importance of having all Board Members in attendance as much as possible, as attendance often impacts whether there is a quorum or not. There was discussion about each Board Members' responsibility to notify the City of an absence, and Ms. Cook read from the Code regarding absences. Discussion. Tape 1/Side 2 Chairperson Krebs asked the Board for their input regarding this matter. There was additional discussion about the Code of Ordinances reference to "cause"; the appointment process; and everyone's responsibility to the Board, and to the City. ADJOURNMENT The meeting was adjourned at 8:05 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida DOCSlboards/codeenfo/alll/min utes/] 02098 .doc .---------- .~.l To Code Enforcement Board: Regarding 80) Buckie Drive I would like to report a derelict house next door to my house. The people moved out the first of this year and moved to an apartment in Lake Mary and left the house vacant and overgrown. I was told they moved out because the roof was leaking. Several people have tried to buy the house, but are told they intend to -keep the house in case the teenage daughters want it, but one of the daughters told me she and her sisters do not plan to live there. They have not changed their mailing address, and come over occasionally and clean out the mail box, but never appear to go into the house. 'sJ Om 2, <) - / 6'" ~Ois house has never been painted, to my knowledge, in the twelve years I have lived here and the yard is completely overgrown with fern and vines and fallen tree limbs. The fern constantly overgrows into my yard and vines are so heavy that some trees fall into my yard. At present one has fallen into my fig tree and we cannot move it. I also see signs of migrants or someone using the yard and leaving their trash. I live in the Highlands subdivision and have repeatedly asked the office to do something about this situation for several years, but all they can do is to send them letters requesting them to clean up the property, which are ignored by the owners. TOis house is a complete disaster, with trash and leaves and boards falling off has told me the house is filthy inside. a little of the overgrowth. porch screens broken and porch filled with on the front. Someone who has been inside I am enclosing some pictures that that show I was told to contact the city of Winter Springs and they could send someone to clean up the property. Thank you for any help on this problem. Rubye B. Williamson 804 Buckie Drive Winter Springs, FL )2708 , I~ cP &J J!~"'-<r-r--- (OQ0 - t;/5-7 ~ ( CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 July 27, 1998 John Herbert, P.E. American Civil Engineering Co. 207 N. Moss Road Suite 211 Winter Springs, FL 32708 RE: Hall Company Site at Old Sanford Oviedo Road - "As-Built" Inspection Dear John: An "as-built" inspection was perfonned on July 24, 1998 of the above site. The following deficiencies were noted and need to be corrected: 1. Please provide drainage easements for the Ponds 100, 200 and 300. 2. Please correct the note on the limits of the Phase 1 - asphalt on the "as-built" eng'g. The paving extended filrther than what was shown in the approved engineering. 3. Please complete the striping to the additional parking spaces located behind the modular office. 4. Pond 100 needs to be completely installed. 5. Please fix the washouts around the area of the mitered end section at Pond 200. This pond appeared not to function properly as it is causing washouts to the northeast corner of the property including part of the Old Sanford Oviedo Rd. right-of-way. 6. Please repair the washouts on the swale at the Old Sanford Oviedo Rd. right-of-way where the installed 18" diameter-culverts are. 7. The washouts mentioned on items 5 & 6 need to be repaired ASAP to avoid damage to the Old Sanford Oviedo Rd. and parking lot pavement including undermining of the ribbon curb. f" ;... ( ( John Herbert, P.E. Hall Company Site July 27, 1998 page 2 When all the the preceding deficiencies have been corrected, please notify this office for a schedule of re-inspection. If you have any questions, please give us a call at 327-8397. c. Please keep in mind, the Temporary Use Permit for the modular office has expired and a regular Certificate-of-Occupancy (e.O.) cannot be issued until the preceding deficiencies have been corrected and confirmed through a follow-up "as-built" inspection by this office. Sincerely, pi ~~d:) Mark L. Jenkins, P.E. City Engineer cc: Community Development Director P. Works / Utility Director Land Development Coordinator Building Official Code Enforcement Officer ~\~~~/f~ Ox/ ...~ 1- , l:;-,-,:,- . -..Ii. \..... ).. ; ~<,~, . ~ 1--; . l' '-'; \ -[ L' \ \ U. ':'--l !(J) .\~>j; .""(OR\O~ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 DATE: October 12 1998 TO: Code Enforcement Officer, Jimette Cook FROM: City Engineer, Mark L Jenkins, P.E. ftt~ SUBJECT: Hall Company Site - Old Sanford Oviedo Road In Violation of Land Development Code (Chapter 9) And Expiration of Temporary Use Permit UPDATE The City Commission, at their November 25, 1996 meeting, authorized a temporary use pennit not to exceed six (6) months to allow for commencement of construction by May 24, 1997. The subject site engineering plans were approved for construction by the City on April 10, 1997. Construction took place in January 1998 (construction was supposed to commence by May 24, 1997) and was completed in February 1998. The Engineering Division did finally receive "as-built" plans, a Letter-of-Certification and the $300.00 "as-built" inspection fee, from the engineer on July 20, 1998. We performed an "as- built" site inspection on July 24, 1998 and drafted a deficiency list of items to correct on July 27, 1998. This was faxed and mailed to the engineer-of-record on July 27, 1998. To date, we have received no response from the owner or engineer on the corrections that need to be made, from the "as-built" inspection performed July 24, 1998. It is my understandin2:!.. this active commercial site has no Certificate-or-Occupancy and the temporary use permit expired on May 24. 1997 The sections of City Code in violation are: 9-179 par. ( d.1) and 9-179 par. ( d.2.r). NOTE: TIlere may be other sections of City Code involved, not mentioned here. TIle property owner is: Jim Hall, Hall Company, Inc., 255 Old Sanford Oviedo Road, Winter Springs, FL 32708, phone 327-4930. The engineer-of-record is: John Herbert, P.E.; American Civil Engineering, 207 N. Moss Road, Suite 211, Winter Springs, FL 32708, phone: 327-7700. If you have any questions, please let me know. cc: Community Development Director Building Official John Herbert, FAX!I 327-0227 (no attachment) Jim Hall, r;AXI11)7-n45 (no attachment)