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Home My WebLink About1999 03 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD MINUTES MARCH 16, 1999 - REGULAR MEETING I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, March 16, 1999, by 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 Lurene Lyzen, Vice Chairperson, present Jacqueline Adams, absent Paul Finnegan, absent Ken Furth, present Chuck Holzman, absent James B. Pitts, present Also Present Jimette S. Cook, Code Enforcement Officer Approval of the March 2, 1999 Regular Meeting Minutes The minutes from this meeting could not be approved, as there were not enough Board Members at tonight's meeting, that had also been in attendance at the March 2, 1999 Regular Meeting. The Interim City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. II. REGULAR AGENDA Code Enforcement Officer Jimette S. Cook advised the Board that the following cases were "In Compliance", and that these cases would not be heard tonight: A. Case #99001839 Thomas & Linda Burdeaux Location: 431 South Alderwood Street Section 20-433., Disabled Motor Vehicle B. Case #CEB-99-043 Jackie B. Gammon C. Case #CEB-99-058 Mark & Mary Beninson D. Case #CEB-99-076 Allan Meyer Tenant: Michael T. Taylor E. Case #CEB-99-085 Cheryl England & William Izzo F. Case #CEB-99-088 Robert Debellis Tenant: Obie T. Hall, Jr. G. Case #CEB-98-098 Edwardo & Marta Cabello H. Case #CEB-99-1 05 Louis R. Vema & Deanna L. Curmone I. Case #CEB-98-1 08 Ermelinda Rolon J. Case #CEB-99-109 Carol V. Valentine L. Case #CEB-99-131 Mary Ruiz Tenant: Nelson Estrada M. Case #CEB-99-132 Bert & Ursula W ortel Tenant: Steve Marple N. Case #CEB-99-224 Hess Express #09369 MINUTES CODE ENFORCEMENT BOARD MARCH 16, 1999 - REGULAR MEETING PAGE 2 OF 5 Location: 886 Benchwood Drive Section 20-433., Disabled Motor Vehicle Location: 1007 Chokecherry Drive Section 20-413., Animals (Farm) Location: 300 South Moss Road Section 20-433., Disabled Motor Vehicle Location: 102 Camphorwood Street Section 20-433., Disabled Motor Vehicle Location: 425 Boxwood Circle Section 20-411., Trailers Location: 1051 Winter Springs Boulevard Section 20-433., Disabled Motor Vehicle Location: 310 Birch Terrace Section 13-2., Littering (Overgrown Yard) Location: 335 Riunite Circle Section 20-433., Disabled Motor Vehicle Location: 337 Riunite Circle Section 20-433., Disabled Motor Vehicle Location: 18 Elkwood Court Section 20-433., Disabled Motor Vehicle Location: 12 Elkwood Court Section 20-433., Disabled Motor Vehicle Location: 1501 East State Road 434 Section 20-454., Signs MINUTES CODE ENFORCEMENT BOARD MARCH 16, 1999 - REGULAR MEETING PAGE 3 OF 5 Code Enforcement Officer Jimette S. Cook introduced tonight's case: K. Case #CEB-99-118 Dannie P. Fischer Tenant: Julie Gray Location: 413 David Street Section 13-1., General Prohibition (Storage of Partially Disassembled Pyramid) Ms. Cook presented photographs to the Board pertaining to this case. Officer Cook then read Section 13-1., General Prohibition (see Attachment "A ") into the record, and explained about the problems associated with this property. Ms. Cook added that this property "Is an eyesore - it has been an annoyance, in the neighborhood as far as aesthetically, for quite a while". Ms. Cook added that "We would ask for a Finding of Fact to find them in non-compliance and a fine of $25.00 a day, to be imposed immediately, which would constitute a lien on the property". There was further discussion on the assorted debris and the "pyramid" located in the front yard of this property. Officer Cook added that the owner, Mr. Fischer had given Power- Of-Attorney to Ms. Diann-Scarlett Glover who was in attendance at tonight's meeting. Ms. Glover, (1136 Castlewood Terrace, #206, Casselberry, Florida) also presented photographs of the debris on this property, and explained that she had tried to evict the tenants, and was planning to purchase this property. The Board and Ms. Cook further discussed the status of this property; the eviction process; Ms. Glover's Power-Of-Attorney; and what liens might be imposed. The Interim City Clerk swore in a friend of Ms. Glover who also provided testimony during the presentation of this case. Mr. John Demonte, (1136 Castlewood Terrace, #206, Casselberry, Florida) explained some of the plans that he and Ms. Glover have for this property; their concerns with a possibly misplaced lease; and what might be involved in repair this property. Further discussion. Discussion ensued about Ms. Glover wanting to enter this property to inspect the property, and possible health hazards. Ms. Cook added that she might want to contact the Board of Health regarding such health violations. Code Enforcement Officer Cook then read the following: "We have a Power-Of- Attorney, that has been affixed with a Notary Public on it, that Dannie Fischer of 413 David Street has made, constituted, and appointed, and by these presence, does make, constitute and appoint Diann-Scarlett Glover, lawful Attorney for him and in his name, place instead a legal description, aka 413 David Street, Winter Springs, Florida; giving and granting unto Diann-Scarlett Glover, his said Attorney, full power and authority to do and perform all and every act, and thing whatsoever, requisite and necessary, to be done in and about the premises as fully. To all intents and purposes as he might or could do if MINUTES CODE ENFORCEMENT BOARD MARCH 16, 1999 - REGULAR MEETING PAGE40F5 personally present, with full power of substitution and revocation, hereby ratifying and confirming all that Diann-Scarlett Glover, his said Attorney, or his substitute, shall lawfully do or cause to be done by virtue hereof'. There was further discussion pertaining to the right to enter, and related landlord-tenant laws. (AMENDED) FINDING OF FACT: "IN THE CASE OF CEB NUMBER 99-118 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 INVOL VED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE THAT DANNIE P. FISCHER (OWNER), JULIE GRAY, AND DIANN GLOVER (POWER OF ATTORNEY) OF 413 DAVID STREET, ARE IN VIOLATION OF SECTION 13-1. [GENERAL PROHIBITION] OF THE CODE OF WINTER SPRINGS, AND THAT THE APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING". . MOTION BY PAUL FINNEGAN. SECONDED BY LURENE LYZEN. DISCUSSION. "LURENE VOTE: KEN FURTH: AYE; JAMES PITTS: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE. MOTION PASSED. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-118 OF THE CITY OF WINTER SPRINGS, DANNIE P. FISCHER (OWNER), DIANN GLOVER (POWER-OF-ATTORNEY), AND (TENANT) JULIE GRAY, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 13-1. [GENERAL PROHIBITION] OF THE CODE OF THIS CITY, I MOVE THAT DANNIE P. FISCHER, JULIE GRAY, AND DIANN GLOVER BE GIVEN TEN (10) DAYS TO COME INTO COMPLIANCE, WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE, A FINE OF $25.00 WILL BE IMPOSED, PER DAY, FOR EACH VIOLATION UNTIL COMPLIANCE IS . ACHIEVED, AS VERIFIED BY AN OFFICER OF THIS CITY. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES 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. SINCE MS. DIANN GLOVER, WHO HAS POWER-OF-ATTORNEY FOR DANNIE P. FISCHER IS PRESENT, AND HAS HEARD THE ORDER OF MINUTES CODE ENFORCEMENT BOARD MARCH 16, 1999 - REGULAR MEETING PAGE50F5 THIS BOARD, I FURTHER MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AT THIS MEETING". MOTION BY LURENE L YZEN. SECONDED. DISCUSSION. VOTE: KEN FURTH: AYE; JAMES PITTS: AYE; JOANNE KREBS: AYE; LURENE LYZEN: AYE. MOTION PASSED. III. DISCUSSION OF GENERAL ISSUES IV. ADJOURNMENT The meeting was adjourned by Chairperson Krebs. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Interim City Clerk City Of Winter Springs, Florida DOCSfboards/codeenfo/all1/minutes/031699.doc