HomeMy WebLinkAbout1999 04 20 Code Enforcement Board Regular Minutes
MINUTES
CITY OF WINTER SPRINGS
CODE ENFORCEMENT BOARD
APRIL 20, 1999 - REGULAR MEETING
I. CALL TO ORDER
Pledge of Allegiance
The meeting was called to order at 7:02 p.m. on Tuesday, April 20, 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, present
Paul Finnegan, present
Ken Furth, present
Chuck Holzman, present
James B. Pitts, present
Also Present
Jimette S. Cook, Code Enforcement Officer
Approval of the March 2, 1999 Regular Meeting Minutes
MOTION AND SECOND. DISCUSSION. VOTE: LURENE LYZEN: ABSTAIN;
PAUL FINNEGAN: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; JOANNE
KREBS: AYE; JACQUELINE ADAMS: AYE; CHUCK HOLZMAN: AYE.
MOTION CARRIED.
Approval of the March 16,1999 Regular Meeting Minutes
MOTION AND SECOND. DISCUSSION. VOTE: JOANNE KREBS: AYE;
JAMES PITTS: AYE; JACQUELINE ADAMS: ABSTAIN; CHUCK HOLZMAN:
ABSTAIN. KEN FURTH: AYE; LURENE LYZEN: AYE; PAUL FINNEGAN:
ABSTAIN. MOTION CARRIED.
The Interim City Clerk swore in those persons who may be providing testimony during
the presentation of tonight's cases.
II. REGULAR (AMENDED) AGENDA
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
APRIL 20, 1999 - REGULAR MEETING
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The following cases are documented in the order that they were discussed:
Code Enforcement Officer Jimette S. Cook introduced tonight's first case:
E. Case #CEB-99-290
Location: Undeveloped Area off Shepard Road
Walt Dittmer
Section 13-2., (Overgrowth)
Code Enforcement Officer Cook stated the basic premise of this case was a violation of a
City Ordinance, along with fire and safety concerns.
Ms. Cook asked if there was anyone in attendance to represent Mr. Dittmer, and then
added, "Let the record indicate that there is no one".
A letter (pertaining to this case) from Fire Chief Timothy J. Lallathin was read into the
record, (see Attachment "A").
There was much discussion about the issues involved with this case including mowing a
large buffer of land; Fire Department recommendations; overgrowth; drought situations;
the approximate size of the parcel of land; prevention of rodents; and the safety of
playing children on this property.
Mr. Martin Koller, (Treasurer of the Highlands Homeowners Association) spoke about
his concerns with this property.
Ms. Margaret Anderson, (Property Manager with Paine-Anderson Properties, Inc. for the
Wildwood Homes Subdivision), also addressed the issue. She spoke of previous drainage
issues; clearing the land; and safety concerns.
Further discussion ensued regarding the overall concern of potential wildfires; what size
buffer should be mowed; the property owner's role in this issue; and what options the
Board has regarding this matter.
FINDING OF FACT:
"In the case of Code Enforcement Board Number 99-290 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. Based upon these proceedings, I
move that Mr. Walt Dittmer and his (Undeveloped Area off Shepard Road), is in
violation of Section 13-2. [Overgrowth] of the Code of the City of Winter Springs, and
that an appropriate relief order be issued at this meeting".
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MOTION BY KEN FURTH. SECONDED BY JAMES B. PITTS. DISCUSSION.
VOTE: JOANNE KREBS: AYE; JACQUELINE ADAMS: AYE; CHUCK
HOLZMAN: AYE; LURENE LYZEN: AYE; PAUL FINNEGAN: AYE; JAMES
PITTS: AYE; KEN FURTH: AYE. MOTION CARRIED.
The Board asked if Code Enforcement Officer Cook would speak with Mr. Dittmer
regarding this matter, and Ms. Cook agreed.
The Interim City Clerk swore in the following individual who may provide testimony
during the presentation of this case.
Mr. Richard Gennell, (706 Meadowlark Drive) spoke on his concern with the safety and
health of children playing in this overgrowth; and requested that the City ask Mr. Dittmer
to come into compliance. There was further discussion on this case and relief order ideas.
Board Member James B. Pitts stated, "For the record, I agree with the Chairperson, and
everybody on the Board, as well as Mr. Gennell, as it relates to - we should do something
to clarify the statute, which certainly is flawed".
TAPE l/SIDE B
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
"In the case of Code Enforcement Board Number 99-290 of the City of Winter Springs,
Mr. Walt Dittmer having been found to be in violation of Section 13-2. [Overgrowth] of
the Code of this City, I move that Mr. Walt Dittmer be given fourteen (14) days, after
notification, to come into compliance by mowing a thirty-five (35) foot buffer zone, from
the property line, in regard to this violation. If compliance is not achieved by this date, a
fine of $100.00 per day (minimum) will be imposed until compliance is achieved, as
verified by an officer of the City. Furthermore, any and all future reoccurrence 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 KEN FURTH. SECONDED BY JAMES B. PITTS. DISCUSSION.
VOTE: JACQUELINE ADAMS: AYE; KEN FURTH: AYE; PAUL FINNEGAN:
NAY; CHUCK HOLZMAN: AYE; JAMES PITTS: AYE; LURENE LYZEN:
AYE; JOANNE KREBS: AYE. MOTION CARRIED.
A. Case #CEB-99-077
Location: 61 South Cortez Avenue
Walden Locklear & William Locklear
Section 6-46., (No Building Permit)
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CODE ENFORCEMENT BOARD
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Code Enforcement Inspector Cook outlined this case to the Board, and explained that it
involved a boundary dispute pertaining to a fence that has been erected for a "long period
of time", with no proof of a permit. Code Enforcement Officer Cook asked, "Is anyone
here to represent 61 South Cortez Avenue? No. The record indicates there is not".
A photograph of the fence in question was passed out to Board Members. There was
much discussion on this case.
(AMENDED) FINDING OF FACT:
"In the case of Code Enforcement Board Number CEB 99-077 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. Based upon
these findings, I move that Walden Locklear & William Locklear of (61 South Cortez
Avenue), is not found in violation".
MOTION BY PAUL FINNEGAN. SECONDED BY JAMES B. PITTS.
DISCUSSION. VOTE: LURENE LYZEN: AYE; PAUL FINNEGAN: AYE; KEN
FURTH: AYE; JAMES PITTS: AYE; JOANNE KREBS: AYE; JACQUELINE
ADAMS: AYE; CHUCK HOLZMAN: AYE. MOTION CARRIED.
B. Case #CEB-99-198
Location: 216 Albert Street
Rehova Patrick
Section 20-433., (Disabled Motor Vehicle)
Various aspects of this case were outlined by Ms. Cook, to the Board. Code Enforcement
Officer Cook then asked, "Is anybody here to represent 216 Albert Street? I don't think
so".
A photograph showing disabled motor vehicles in the back yard of this property, was
passed out to Board Members. There was brief discussion.
(AMENDED) FINDING OF FACT:
"In the case of Code Enforcement Board Number CEB 99-198 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. Based upon these proceedings, I move that Rehova Patrick of
(216 Albert Street) is in violation of Section 20-433. [Disabled Motor Vehicle] of the
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
APRIL 20, 1999 - REGULAR MEETING
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Code of the City of Winter Springs, and that an appropriate relief order be issued at this
meeting".
MOTION BY JACQUELINE ADAMS. SECONDED BY LURENE L YZEN.
DISCUSSION. VOTE: PAUL FINNEGAN: AYE; JOANNE KREBS: AYE;
JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; CHUCK HOLZMAN:
AYE; KEN FURTH: AYE; LURENE LYZEN: AYE. MOTION CARRIED.
(AMENDED) RELIEF ORDER - ORDER OF THE BOARD:
"In the case of Code Enforcement Board Number 99-198 of the City of Winter Springs,
Rehova Patrick having been found to be in violation of Section 20-433. [Disabled
Motor Vehicle] of the Code of this City, I move that Rehova Patrick be given ten (10)
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
(minimum), per violation, until compliance is achieved, as verified by an officer of the
City. Furthermore, any and all future reoccurrence 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 LURENE L YZEN. SECONDED BY KEN FURTH. DISCUSSION.
VOTE: KEN FURTH: AYE; JAMES PITTS: AYE; JACQUELINE ADAMS:
AYE; JOANNE KREBS: AYE; LURENE LYZEN: AYE; CHUCK HOLZMAN:
AYE; PAUL FINNEGAN : AYE. MOTION CARRIED.
C. Case #CEB-99-247
Location: Wade & State Road 419
419 Auto Salvage
Section 16-79., (Trailer Sign Without Permit)
Ms. Cook introduced this case and passed around photographs pertaining to the violation.
Code Enforcement Officer Cook asked if there was anyone in attendance to represent the
property owner(s). Ms. Cook then said, "Let the record indicate that there isn't". There
was brief discussion on this case.
(AMENDED) FINDING OF FACT:
"In the case of Code Enforcement Board Number CEB 99-247 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. I find that 419 Auto Salvage of (Wade & State Road
419) is in violation of Section 16-79. [Trailer Sign Without Permit] of the Code of the
City of Winter Springs, and that an appropriate relief order be issued at this meeting".
CITY OF WINTER SPRINGS
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CODE ENFORCEMENT BOARD
APRIL 20, J 999 - REGULAR MEETING
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MOTION BY CHUCK HOLZMAN. SECONDED BY PAUL FINNEGAN.
DISCUSSION. VOTE: KEN FURTH: AYE; JAMES PITTS: AYE;
JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE; LURENE LYZEN:
AYE; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE. MOTION
CARRIED.
There was further discussion.
RELIEF ORDER - ORDER OF THE BOARD:
"In the case of Code Enforcement Board Number CEB 99-247 of the City of Winter
Springs, 419 Auto Salvage having been found to be in violation of Section 16-79.
[Trailer Sign Without Permit] of the Code of this City, I move that 419 Auto Salvage
Corporation/Company et ai, be given ten (10) days, after notification, to come into
compliance, with regard to this violation. If compliance is not achieved by that date, a
fine of $25.00 per day (minimum) will be imposed. Furthermore, any and all future
reoccurrence 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 PAUL FINNEGAN. SECONDED BY LURENE LYZEN.
DISCUSSION. VOTE: JACQUELINE ADAMS: AYE; KEN FURTH: AYE;
CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE; JAMES PITTS: AYE;
LURENE LYZEN: AYE; JOANNE KREBS: AYE. MOTION CARRIED.
D. Case #CEB-99-327
Location: 1002 Gator Lane
Walter & Sandra Rawlins
Section 4-2., (More Than 2 Dogs or 2 Cats)
Ms. Cook outlined a couple of the major points in this case. Code Enforcement Officer
asked, "Is there anyone here to represent Ms. Rawlins? Let the record indicate no one
came forward. Is there anyone here as a complainant against Ms. Rawlins? Let the
record indicate that no on spoke up".
Various aspects of this case; including persons that had spoken to Ms. Cook regarding
this case were next discussed.
Officer Cook read the comments from an investigating City of Winter Springs Police
Officer regarding this case (see Attachment "E"). There was also discussion on a
previous relief order that may have been issued. Ms. Cook then read a letter from Ms.
Rawlins into the record, (see Attachment "C'). The Board continued to discuss this case.
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(AMENDED) FINDING OF FACT:
"I move for a continuance to an adequate time to meet before the City Commission".
MOTION BY JAMES B. PITTS. SECONDED BY PAUL FINNEGAN.
DISCUSSION. VOTE: JOANNE KREBS: AYE; JACQUELINE ADAMS: AYE;
CHUCK HOLZMAN: AYE; LURENE LYZEN: AYE; PAUL FINNEGAN: AYE;
JAMES PITTS: AYE; KEN FURTH: AYE. MOTION CARRIED.
III. DISCUSSION OF GENERAL ISSUES
Board Member Paul Finnegan asked for clarification on Section 7-51., regarding the Fire
Code. The Board inquired about making some suggestions for improvements to the Code
of Ordinances, and all agreed that it would be best to schedule a Workshop, after a Board
Meeting. There was discussion on possible dates, and the procedures that typically would
take place to make such changes.
The Board agreed that they would plan to hold a Workshop on June 15th, 1999, after the
Regular Meeting, and that any interested person should be included.
IV. ADJOURNMENT
Chairperson Krebs adjourned the meeting at 8:53 p.m.
Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Interim City Clerk
City Of Winter Springs, Florida
DOCSlboards/ codeen fo/ al I I/min u tes/04 2099 .doc-