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HomeMy WebLinkAbout1998 12 08 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD DECEMBER 8,1998 - SPECIAL MEETING I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, December 8, 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 Jacqueline Adams, present Paul Finnegan, absent Ken Haines, absent Chuck Holzman, absent Doug Reid, present Lurene Lyzen, present Also Present Jimette S. Cook, Code Enforcement Officer Approval of the October 20, 1998 Regular Meeting Minutes As there were not enough members that had been in attendance at the October 20, 1998 Regular Meeting, these minutes could not be approved. Chairperson Krebs welcomed Board Member Doug Reid to the Board. Board Member Reid gave a brief synopsis of his background to the other Board Members. II. ELECTION OF VICE CHAIRPERSON There was brief discussion about tonight's election. "I make this nomination to nominate Lurene Lyzen for the position of Vice Chairman". Motion by Jacqueline Adams. Seconded by Doug Reid. Discussion. Vote: Jacqueline Adams: Aye; Doug Reid: Aye; Lurene Lyzen: Aye; Joanne Krebs: Aye. Motion passed. Congratulations were offered to newly elected Vice Chairperson Lurene Lyzen. MINUTES CODE ENFORCEMENT BOARD DECEMBER 8, 1998 - SPECIAL MEETING PAGE 2 OF4 III. REGULAR AGENDA A. Case #CEB 98-1115 Carmen & Fidias Rivera & Aracely Dambeck Location: 581 Walden Court Section 13-2., Overgrown Yard & StagnantlFoul Water (Pool) And Trash & Debris Ms. Jimette S. Cook, Code Enforcement Officer thanked the Board for attending this meeting on such short notice, and advised the Board that Florida Statutes permit the Chairperson to call an emergency meeting, so that a case such as this, could be handled in a timely manner. The Deputy City Clerk then swore in those persons who may be providing testimony in tonight's case. Code Enforcement Officer Cook told the Board that the City of Winter Springs Police Department had been involved in this case, and were very concerned about the condition of this house, and its residents. They asked that inspections be performed - thus, Ms. Cook, her (new) Environmental Inspector Ray Jarrett, and Senior Building Inspector David Alamina inspected this property. Ms. Cook spoke about the condition of this residence, and mentioned that there did not appear to be any electrical or structural problems, however, the house was in much disarray, and related living conditions were explained to the Board. A major note of concern was the pool and back yard. Photographs taken by the Code Enforcement Department, and copies of pictures taken by the Police Department were distributed for the Board to review. Ms. Cook read for the record, from City of Winter Springs Police Officer Destiny Flinn's police report, (Attachment "A"). Ms. Cook next read for the record, from the Seminole County Health Department - Environmental Health Section, a report from Mr. David Wilson, Environmental Health Specialist, (Attachment "B") which also pertained to this residence and case. There was concern about the condition of the (stagnant) water, signs of possible mosquito larva and rodents on this property. Officer Cook then spoke of the City of Winter Springs Code, and the overall concern for the "Public health, safety or welfare". Ms. Cook stated to the Board, "What the City is asking for today, is not a fine - what we'd like from this Board, is a finding of Non-Compliance and an Order from the City to enter into making repairs to the home; and what I'd like to do is mow the back yard and the front yard; remove the debris; remove the things that are holding the water; and clean and shock the pool. We have money in our budget to do that". There was additional brief discussion about the potential costs. MINUTES CODE ENFORCEMENT BOARD DECEMBER 8,1998 - SPECIAL MEETING PAGE 3 OF 4 Mrs. Aracely Shirley Dambeck, 12 Sara Nicole Lane, #108, the daughter of Carmen & Fidias Rivera next addressed the Board, explaining to the Board about the previous care of her children; a grandchild; and her parents; in addition to her previous employment with the Seminole County Sheriffs Department. Mrs. Dambeck further spoke of her living situation at 581 Walden Court; her phobia of roaches; a misunderstanding between her and her parents; her grandson who was helping to "watch" his grandparents; and how the police become involved in this case. Mrs. Dambeck then mentioned how she wanted her parents out of their home; and where her parents are currently living. There was further discussion about living arrangements for Mrs. Dambeck's parents, and the possibility of selling this house (at 581 Walden Court). It has recently been listed on the real estate market. Code Inspector Cook reminded the Board of the City's preference for a finding of Non- Compliance and a related Order. There was further discussion about this property. FINDING OF FACT: "In the case of Code Enforcement Board Number 98-1115 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 Mrs. Dambeck. Based upon these proceedings, I move that Carmen & Fidias Rivera & Aracely Shirley Dambeck (of 58 1 Walden Court) is in violation of Section 13-2. of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting". Motion by Lurene Lyzen. Seconded by Jacqueline Adams. Discussion. Vote: Lurene Lyzen: Aye; Doug Reid: Aye; Joanne Krebs: Aye; Jacqueline Adams: Aye. Motion passed. RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 98-1115 of the City of Winter Springs Carmen & Fidias Rivera & Aracely Shirley Dambeck be given zero (0) days to come into compliance with regard to this violation. The Board is asking the City to take steps to bring the property into compliance, and the cost of such action will put a lien against the property, for the violation now, and any future violations". Motion by Lurene Lyzen. Seconded by Jacqueline Adams. Discussion. Vote: Jacqueline Adams: Aye; Lurene Lyzen: Aye; Joanne Krebs: Aye; Doug Reid: Aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD DECEMBER 8, 1998 - SPECIAL MEETING PAGE 4 OF 4 Chairperson Krebs explained the Board's decision to Mrs. Dambeck, and suggested that Mrs. Dambeck may wish to pursue some type of legal advice regarding her parent's situation. Vice Chairperson Lyzen suggested that Mrs. Dambeck may want to contact the Seminole County Legal Aid, and offered to give Mrs. Dambeck some helpful information. III. DISCUSSION OF GENERAL ISSUES There was nothing discussed. IV. ADJOURNMENT The meeting was adjourned at 7:40 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida DOC Slboards/ codeenfo/ a 1111min utes/I 2 08 9 8spec ial. doc