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Home My WebLink About1999 06 15 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 15, 1999 I. CALL TO ORDER The meeting was called to order at 7:02 p.m. on Tuesday, June 15, 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 May 18, 1999 Regular Meeting Minutes There was discussion on Page 3 of the minutes. Chairperson Joanne Krebs mentioned that on page 4, under "N", on the fourth line of the second paragraph, the phrase "...a violation of irreparable. . .", should actually state "...a violation is irreparable.. .". "I MAKE A MOTION TO APPROVE THE MINUTES AS AMENDED". MOTION BY LURENE LYZEN. SECONDED. DISCUSSION. VOTE: PAUL FINNEGAN: ABSTAIN. JACQUELINE ADAMS: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; CHUCK HOLZMAN : AYE. MOTION CARRIED. II. REGULAR AGENDA Ms. Jimette S. Cook, Code Enforcement Officer advised the Board that the following cases did not get noticed: A. Case #CEB-99-327 Location: 1002 Gator Lane Walter & Sandra Rawlins Section 4-2., (More than 2 Dogs) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 1999 PAGE 2 OF6 F. Case #CEB-99-355 Location: 601 Marlin Road Michael McClary Section 13-2., (Junk) K. Case #CEB-99-40 1 Location: 91 Lombardy Road Peggy Scribner Section 13-1., (Public Nuisance) L. Case #CEB-99-403 Location: 633 Alton Road Robert & Margaret Bosco Tenant: Scott Stokes Section 6-217., (Unsecured Pool Enclosure) M. Case #CEB-98-1215 Location: 989 Troon Place Arvid Svartnes & Erik Svartnes & Ada Svartnes Section 6-46., (No Building Permit - Wall) Code Enforcement Officer Cook then advised the Board that the following cases were in compliance: B. Case #CEB-99-174 Location: 180 Bombay Avenue North Richard & Barbara McGuire Section 20-433., (Disabled Motor Vehicle) C. Case #CEB-99-193 Location: 151 Lori Anne Lane Gerald & Kay Corum Section 20-433., (Disabled Motor Vehicle) D. Case #CEB-99-275 Location: 111 Lido Road Dietrich Doerffer Section 13-2., (Untended Grass and Weeds and Junk) E. Case #CEB-99-279 Location: 129 WoodleafDrive Raymond & Tamara Smith Section 20-433., (Disabled Motor Vehicle) G. Case #CEB-99-381 Location: 109 Flamingo Avenue South Tina Johnson Section 20-433., (Disabled Motor Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 1999 PAGE 3 OF 6 H. Case #CEB-99-378 Location: 207 Elderwood Street Israel Roman Section 13-2., (Untended Grass and Weeds) I. Case #CEB-99-383 Location: 1041 Chokecherry Drive Kevin & Josephine Wilkey Section 20-411., (Boat and Trailer) J. Case #CEB-99-398 Location: 370 East State Road 434 Aggarwal Trust Fun Section 13-1., (Fence Is In Disrepair) P. Case #CEB-99-406 Location: 205 Charles Street Miles W. & Penny L. Carpenter Section 20-411., (Boat and Trailer) Ms. Cook next advised the Board that the following cases would be heard this evening: N. Case #CEB-99-183 Location: 1014 Fox Den Court William Morrisey & Jennifer Neeff Section 6-46., (No Building Permit - Fence) O. Case #CEB-99-222 Location: 761 South Edgemon Avenue Ilie & Joana Pauna & Christina Pauna Section 6-46., (No Building Permit - Fence) P. Case #CEB (ADD-ON) 606 Tina Lane Section 5-3. Regarding CEB-99-408, Ms. Cook stated, "This case came to this division's attention on Friday, because it was an irreparable and irreplaceable violation - a clearing without a permit, and the owner of the property, had wishes to go ahead. We went ahead and scheduled it. He's been noticed, the City has been noted". The Interim City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. P. Case #CEB (ADD-ON) 606 Tina Lane Section 5-3. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15,1999 PAGE 4 OF 6 Code Enforcement Officer Cook explained that this case involved a violation of Section 5-3., and that this case involved a complaint about "extensive clearing". The Interim City Clerk swore in an additional individual who may be providing testimony during the presentation of tonight's cases. Discussion followed regarding permitting; land clearing; replanting; buffers; extensive damage and trees. Photographs were shown by Ms. Cook of the clearing done on this property. Ms. Cook then read into the record, a Memorandum from the City's Arborist, Mr. Michael Mingea. (See Attachment "A"). Mr. Victor Peralta, 606 Tina Lane, Winter Springs, Florida: addressed the Board regarding this matter. Mr. Jacqueline Peralta, 606 Tina Lane, Winter Springs, Florida: also addressed the Board on this case. Discussion. FINDING OF FACT: "In the case of CEB 99-408 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 Victor Peralta of 606 Tina Lane is in violation of Section 5-3., [Clearing Without a Permit] of the Code of the City 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; LURENE LYZEN: AYE; JOANNE KREBS: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; CHUCK HOLZMAN: AYE. MOTION CARRIED. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "In the case of CEB 99-408 of the City of Winter Springs, Victor Peralta having been found to be in violation of Section 5-3., [Clearing Without a Permit] of the Code of the City, I move that Victor Peralta be given ninety (90) days after notification to come into compliance, with the suggested replanting of the Arborist, per list (see Attachment "A") which will be introduced into the record by Code Enforcement Officer Cook, and these trees shall be planted within their proper placement, per the Arborist, within the ninety (90) day period, or a fine of$I.00 per day (minimum), will be imposed until compliance is achieved. Since Mr. Victor Peralta was present and has heard the Order of the Board, I further move that due notification has been given at this meeting". CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULARMEETING-JUNE 15, 1999 PAGE 5 OF 6 (AMENDED) MOTION BY PAUL FINNEGAN. (AMENDED) SECOND BY JAMES B. PITTS. DISCUSSION. VOTE: JOANNE KREBS: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; PAUL FINNEGAN: AYE, JACQUELINE ADAMS: AYE; LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE. MOTION CARRIED. N. Case #CEB-99-183 Location: 1014 Fox Den Court William Morrisey & Jennifer Neeff Section 6-46., (No Building Permit - Fence) ] Ms. Cook began by stating, "For the record, I'm going to ask if anyone is here to represent the complainant or the violator - alleged violator. No. Let the record indicate there is no one here at this time". Code Enforcement Officer Cook then explained that this case involved a fence without a permit. Ms. Cook explained that her camera was broken, and said that in lieu of photographs, "You have my testimony". Brief discussion. FINDING OF FACT: "In the case of Code Enforcement Board Number 99-183 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector. Based upon these proceedings, I move that William Morrisey & Jennifer Neeff of 1014 Fox Den Court is in violation of Section 6-46., [No Building Permit - Fence] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY LURENE L YZEN. SECONDED BY CHUCK HOLMAN. DISCUSSION. VOTE: KEN FURTH: AYE; JAMES PITTS: AYE; CHUCK HOLZMAN: AYE; JACQUELINE ADAMS: AYE; PAUL FINNEGAN: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE. MOTION CARRIED. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "In the case of Code Enforcement Board Number 99-183 of the City of Winter Springs, William Morrisey & Jennifer Neeff having been found to be in violation of Section 6- 46., [No Building Permit - Fence] of the Code of the City, I move that William Morrisey & Jennifer Neeff be given fifteen (15) 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 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". CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 1999 PAGE 6 OF 6 MOTION BY LURENE LYZEN. SECONDED BY PAUL FINNEGAN. DISCUSSION. VOTE: JAMES PITTS: AYE; PAUL FINNEGAN: AYE; JOANNE KREBS: AYE; KEN FURTH: AYE; JACQUELINE ADAMS: AYE; CHUCKHOLZMAN: AYE; LURENE LYZEN: AYE. MOTION CARRIED. O. Case #CEB-99-222 Location: 761 South Edgemon Avenue Ilie & Joana Pauna & Christina Pauna Section 6-46" (No Building Permit - Fence) Code Enforcement Officer Cook stated, "Again, for the record, let the record indicate there is no one here to appear in this case". Ms. Cook identified this as another case involving a fence without a permit, and spoke of the City's concern with the property lines. Ms. Cook requested that the Board issue a continuance in this case. (AMENDED) FINDING OF FACT: "In the case of CEB 99-222 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 the information and testimony presented at this meeting is incomplete or otherwise insufficient to render a ruling and this matter be continued to the next regular meeting, when additional information is available on a future date as established by the chairman, as per Section 2- 16 of the Code of Winter Springs". MOTION BY JAMES PITTS. SECONDED BY PAUL FINNEGAN. DISCUSSION. VOTE: PAUL FINNEGAN: AYE; JACQUELINE ADAMS: AYE; KEN FURTH: AYE; LURENE LYZEN: AYE; JOANNE KREBS: AYE; JAMES PITTS: AYE; CHUCK HOLZMAN: AYE. MOTION CARRIED. III. DISCUSSION OF GENERAL ISSUES The Board briefly discussed several other cases. IV. ADJOURNMENT Chairperson Krebs adjourned the meeting at 7:57 P.M. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Interim City Clerk City Of Winter Springs, Florida DOCSlboards/codeenfo/alll/minutes/061599.doc