Loading...
HomeMy WebLinkAbout1999 08 17 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 17, 1999 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order on Tuesday, August 17, 1999, 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 June 15, 1999 Regular Meeting Minutes "I MOVE FOR APPROVAL". MOTION BY BOARD MEMBER JAMES PITTS. SECONDED BY BOARD MEMBER JACQUELINE ADAMS. 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. II. REGULAR AGENDA Ms. Jimette S. Cook, Code Enforcement Officer advised the Board that the following cases were in compliance: F. Case Number CEB-99-511 1041 Chokecherry Drive Kevin M. & Josephine Wilkey Section 6-46. (Fence Not Installed According To Permit) AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 1999 Page 2 of 11 N. Case Number CEB-99-572 250 Old Sanford Oviedo Road Marie D. Chowaski Section 6-46. (No Building Permit - Fence) Code Enforcement Officer Cook then advised the Board that the following case was pulled for wrong ownership: C. Case Number CEB-99-478 55 Hayes Road Compass Investment Properties, Inc. Chapter 5 (Removed Trees Without Permit) Code Enforcement Officer Cook next advised the Board that the following case was not served, wrong ownership: K. Case Number CEB-99-519 Garden Club Apartments - Units 161-167 & 181-187 Diane & Gary Mincer Section 13-1. (Fence Is In Disrepair) Ms. Cook explained that CEB-99-408 had come before the Board earlier in the year of 1999; and said that the Property Owners asked to be put on the Agenda to address the Board regarding a reduction of the fine. Ms. Cook asked the Board if they would hear this case prior to the others. The Board was in agreement. The Interim City Clerk swore in those persons who may be providing testimony during the presentation of this case. B. Case Number CEB-99-408 606 Tina Lane Victor Peralta & Jacqueline Rapa1e (Request By Peralta & Rapale To Address The Board Reference Fine) Jacqueline Rapale, 606 Tina Lane, Winter Springs, Florida: explained a misunderstanding regarding the City Arborist's list of acceptable replacement trees. Ms. Rapale also spoke about the property's acreage; point system; certain types of trees being difficult to locate; different types of trees; the number of trees on the property; landscaping; that the previously required number of trees to be planted is excessive; and that they had cleared the trees that were in poor condition and others at the recommendation of the Fire Marshall. The Board discussed the property line; the amount of trees that had been removed; how many trees the property could sustain; and the Arb ori st' s recommendations. AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULARMEETlNG-AUGUST 17, 1999 Page 3 of 11 (AMENDED) FINDING OF FACT: "That we have the Arborist revisit the property and come back with a written recommendation". (AMENDED) MOTION BY BOARD MEMBER L YZEN. (AMENDED) SECOND. DISCUSSION. The Board discussed the existing fine; the amount of time to come into compliance; and not "setting a precedent". Board Member Pitts stated for the record, "Madam Chair, I disagree with Paul, I'll go on record as disagreeing. I think it's being arbitrary to consider that we have to fine and in the case, if we in fact, not we the Board, but if the entire process erred-and we may have-in the number of trees that are being insisted on, that we should make some allowances for that". Code Enforcement Officer Cook suggested that the Board could make a decision to rescind the fine at the time that the Arborist comes back with a recommendation. VOTE: JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE; LURENE LYZEN: AYE; KEN FURTH: AYE; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE. MOTION CARRIED. The Interim City Clerk swore in those other persons who may be providing testimony during the presentation of this meeting's cases. A. Case Number CEB-99-401 91 Lombardy Road Peggy Scribner Section 13-1. (Public Nuisance) Ms. Cook explained the physical condition of the above mentioned house; that the house has been vacant "for some time"; that the house should be secured at all times; that there have been break-ins; certified mail has not been accepted; overgrown grass; the Police Department has had problems with the house; adjudications; were police records able to be reviewed; records of notice and past notifications; and the type of neighborhood that the house is situated in. Ms. Peggy Scribner, 134G Springwood Circle, Longwood, Florida: addressed the Board about boarding up the house; fixing up the house and renting the house out; an ill son; past maintenance; the community's concern with the property; future plans for this property; and possible solutions for the property. AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 17, 1999 Page 4 of ] 1 Discussion ensued on preventative actions to secure this property; estimates of public nuisances; securing the side door from being a point of entry; and when the house could be fixed up by the owner. FINDING OF FACT: "In the case of CEB 99-401 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 has heard at this meeting, the sworn testimony of the Code Inspector and Ms. Scribner. Based upon these proceedings, I move that Ms. Peggy Scribner of Longwood is in violation of Section 13-1., [Public Nuisance] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY BOARD MEMBER PAUL FINNEGAN. SECONDED BY BOARD VICE CHAIRPERSON LURENE L YZEN. DISCUSSION. Board Member Finnegan suggested that the Board read a book entitled, "A Broken Pane of Glass", which the Seminole County Sheriffs Department requires that its' Officers read. VOTE: LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE. MOTION CARRIED. Code Enforcement Officer Cook spoke of a current relief order on file regarding unkept property; and previous non-compliance orders for the above-mentioned property. Tape 1/Side B (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "In the case of CEB 99-401 of the City of Winter Springs, Ms. Peggy Scribner having been found in violation of Section 13-1., [Public Nuisance] of the Code of the City, I move that Peggy Scribner, and if there is a mortgage and/or lien holder or just herself being given free title, 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 $250.00 per day (maximum) will be imposed until the compliance is achieved, as verified by an officer of this City. Furthermore, any and all future occurrence of this violation, after compliance as been achieved, will immediately cause the stated fine to be imposed until the compliance is again achieved, as verified by an officer of this City. Since Ms. Peggy Scribner is here and present and has heard the Order of this Board, I further move that due notification been given as of this meeting". (AMENDED) MOTION BY BOARD MEMBER FINNEGAN. (AMENDED) SECOND BY VICE CHAIRPERSON L YZEN. DISCUSSION. AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 17, 1999 Page 5 of 11 The Board discussed the suggested fine; the amount of time to come into compliance; and the seriousness of the case. VOTE: JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; PAUL FINNEGAN: AYE; JOANNE KREBS: AYE; LURENE LYZEN: AYE; KEN FURTH: AYE; CHUCK HOLZMAN: AYE. MOTION CARRIED. In conclusion, Ms. Cook explained to Ms. Scribner what would need to be done to come into compliance. M. Case Number CEB-99-571 250 Old Sanford Oviedo Road Marie D. Chowaski Section Chapter 5 (Clearing Land Without Permit) O. Case Number CEB-99-573 250 Old Sanford Oviedo Road Marie D. Chowaski Section 20-433. (DisabledlUnlicensed Vehicles) Ms. Marie D. Chowaski, Box 65, Winter Springs, Florida: requested that the Board grant her a continuance so that she can secure legal counsel. The Board discussed if they are required to hear from legal counsel; whether a continuance is necessary on both cases; filing a notice to appear; if an Attorney for the City should be present; the alleged violator's right to secure legal counsel; and the opinion of the Code Enforcement Officer. FINDING OF FACT: "I so move that we give a continuance on both case number eEB 99-571 and 99-573 until the next meeting ofthis Board". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: KEN FURTH: NAY; LURENE LYZEN: NAY; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE; JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; JOANNE KREBS: NAY. MOTION CARRIED. D. Case Number CEB-99-491 310 Streamview Way (Lot 76 - Creeks Run) Morrison Homes Chapter 5 (Removed Trees Without Permit) AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 17, 1999 Page 6 of 11 E. Case Number CEB-99-492 317 Streamview Way (Lot 67 - Creeks Run) Morrison Homes Chapter 5 (Removed Trees Without Permit) Ms. Cook next addressed cases "D" and "E" by informing the Board that the properties in question are located in the Creeks Run subdivision, off of State Road 434. Ms. Cook explained that a tree was removed from a conservation easement, as well as some clearing of a conservation easement. Morrison Homes is asking for a continuance for ninety (90) days and is offering to put in landscaping on State Road 434, on the outside of the brick wall in front of Creeks Run, on the Department of Transportation right-of-way. FINDING OF FACT: "I move for continuance on CEB 99-491 and 99-492 for ninety days". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER CHUCK HOLZMAN. DISCUSSION. VOTE: JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE; LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; MOTION CARRIED. G. Case Number CEB-99-512 300 East State Road 434 (Badcock Plaza) Aggarwald Trust Fund Section 9-279. (Parking Commercial Vehicles Not Related To A Business On The Premises - Tractor Trailers) Code Enforcement Officer Cook informed the Board that the alleged violator had asked for a continuance, as he was out of town. Ms. Cook explained that the case had previously been in front of the Board under a different charge and how the new "Commercial Vehicles" Ordinance pertains to this case. "UNDER DISCUSSION, I THINK MR. AGGARWALD, AS TRUST COMPANY, IS A MERCHANT COMMERCIALLY, HE COULD HAVE HAD SOMEBODY REPRESENT HIMSELF, OR HE COULD HAVE POSSIBLY BEEN HERE. IT WAS HIS DETERMINATION THAT THIS BOARD WAS SECONDARY TO WHATEVER ELSE HE HAD TO DO. THIS PROBLEM HAS BEEN THERE FOR TWO YEARS. I WOULD MOVE NOT TO CONTINUE THIS CASE, UNDER THOSE CIRCUMSTANCES". MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. Ms. Cook read into the record a letter written by the Aggarwal Pension Trust Fund which asked for a continuance of this case, (see Attachment "A"). AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 1999 Page 7 of 11 There was discussion regarding dates of notification; parking of tractor trailers; the use of the tractor trailers as storage structures; who owns the tractor trailers; and the interpretation of the City Code pertaining to commercial vehicles. VOTE: JACQUELINE ADAMS: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE; JOANNE KREBS: AYE; PAUL FINNEGAN: AYE. MOTION CARRIED. Ms Cook further spoke about this case, specifically, the types of businesses in the shopping center; the use of the tractor trailers for storage of clay ovens; the transportation and sale of the clay ovens; the original charge on this case and the previous hearing; the City's "Commercial Vehicles" Ordinance; the physical condition of the tractor trailers; and means of correction. FINDING OF FACT: "In the case of CEB 99-512 of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector. Based on these proceedings, I move that Aggarwald Trust Fund of 300 East State Road 434 (Badcock Plaza) is in violation of Section 9-279., [Parking Commercial Vehicles Not Related To A Business On The Premises - Tractor Trailers] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". MOTION BY VICE CHAIRPERSON LYZEN. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VOTE: JAMES PITTS: AYE; KEN FURTH: AYE; PAUL FINNEGAN: AYE; LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE; JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE. MOTION CARRIED. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "In the case of CEB 99-512 of the City of Winter Springs, Aggarwald Trust Fund having been found in violation of Section 9-279., [Parking Commercial Vehicles Not Related To A Business On The Premises - Tractor Trailers] of the Code of the City, I move that Aggarwald Trust Fund be given twenty-one (21) days after notification to come into compliance, with regards to this violation. If compliance is not achieved by that date, a fine of $175.00 will be imposed per day until compliance is achieved, as verified by an Officer of this City. Furthermore, any and all future occurrences of this violation, after compliance as been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an Officer of this City". (AMENDED) MOTION BY BOARD MEMBER KEN FURTH. (AMENDED) SECOND BY LURENE LYZEN. DISCUSSION. AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 1999 Page 8 ofl1 There was additional discussion regarding the amount of time to correct the violation; fines; motivation to correct the problem; Florida Statutes 162.09; notification; and appeals. Tape 2/Side A VOTE: CHUCK HOLZMAN: AYE; KEN FURTH: AYE; PAUL FINNEGAN: AYE; JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE; LURENE LYZEN: AYE. MOTION CARRIED. K. Case Number CEB-99-518 Garden Club Apartments - Units 141-147 & 151-157 Diane & Gary Mincer Section 13-1. (Fence Is In Disrepair) Ms. Cook advised the Board that the above case would not be heard due to lack of servIce. L. Case Number CEB-99-520 Garden Club Apartments - Units 171-177 Martin Management Services Section 13-1. (Fence Is In Disrepair) Code Enforcement Officer Cook advised that the above case was in compliance. J. Case Number CEB-99-515 Garden Club Apartments - Unit 101-107, 111-117 & 121-127 Mark Management, Inc. Section 13-1. (Fence Is In Disrepair) Ms. Cook informed the Board that the apartments in question are located off of Moss Road. Ms. Cook described the physical condition of the fencing and gave the background on this case. FINDING OF FACT: "In the case of CEB 99-515 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. Based on these proceedings, I move that Mark Management, Garden Club Apartments - Unit lOl- 107, 111-117 & 121-127 are in violation of Section 13-1., [Fence Is In Disrepair] of the Code of the City of Winter Springs, and that an appropriate Relief Order be issued at this meeting". AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 1999 Page 9 of I I MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER LYZEN. DISCUSSION. VOTE: LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE; JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; PAUL FINNEGAN: AYE; KEN FURTH: AYE; JOANNE KREBS: AYE. MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "In the case of CEB 99-515 of the City of Winter Springs and Mark Management, Inc. having been found in violation of Section 13-1., [Fence Is In Disrepair] of the Code of the City, I move that Mark Management be given fourteen (14) days after notification to come into compliance, with regards to this violation. If compliance is not achieved by that date, a fine of $75.00 will be imposed per day, per violation until compliance is achieved, as verified by an Officer of this City. Furthermore, any and all future reoccurrence of this violation, after compliance as been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an Officer of this City". MOTION BY VICE CHAIRPERSON LYZEN. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. There was discussion as to the severity of the violation; and the suggested fine. VOTE. JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE; CHUCK HOLZMAN: NAY; KEN FURTH: AYE; PAUL FINNEGAN: AYE; JAMES PITTS: AYE; LURENE LYZEN: AYE. MOTION CARRIED. I. Case Number CEB-99-517 Garden Club Apartments - Units 131-137 Russell Properties Section 13-1. (Fence Is In Disrepair) Code Enforcement Officer Cook explained that Russell Properties had contacted her and told her that they had contracted with a fence company and that the fence company "would not be able to start work for three or four weeks unless they get an unexpected opening in their schedule. Please request an extension for curing this violation". There was discussion regarding fencing "not falling out of repair quickly"; the date of the contract; and attaining a fence permit. FINDING OF FACT: "In the case of CEB 99-517 of the City of Winter Springs, the Code Enforcement Board has read the complaint prepared by the Code Inspector, has incomplete or insufficient information to render a ruling and the matter be continued to the next regular meeting or a special meeting when additional information is available on a future date to be AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 17, 1999 Page 10 of 11 established by the Chairperson, as per Section 2-60., of the Code of the City of Winter Springs". MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: PAUL FINNEGAN: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; JACQUELINE ADAMS: AYE; JOANNE KREBS: AYE; LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE. MOTION CARRIED. III. DISCUSSION OF GENERAL ISSUES Ms. Cook informed the Board that Florida Statutes had changed regarding providing notice and due process requirements; and explained the change and what was needed from the Board. "I MAKE A MOTION TO USE THE RIGHT OF NOTICE UNDER SECTION 162 OF THE STATE OF FLORIDA STATUTES, THAT THE NOTIFICATION MAY BE MADE BY PUBLIC POSTING ONTO THE PROPERTY AND A CITY HALL POSTING". MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: JOANNE KREBS: AYE; LURENE LYZEN: AYE; CHUCK HOLZMAN: AYE; PAUL FINNEGAN: AYE; KEN FURTH: AYE; JAMES PITTS: AYE; JACQUELINE ADAMS: AYE. MOTION CARRIED. There was further discussion about notification and notification in the past. A question was raised about a case that was continued from the June 15, 1999 Code Enforcement Board Regular Meeting, CEB-99-355. Ms. Cook advised the Board that she would look into matter of the case being on the Agenda. Another question was raised regarding the continued case of CEB-98-1215 and Ms. Cook informed the Board that the case was in compliance. In the matter of elections, Chairperson Krebs asked the Board for nominations for Chairperson. "I NOMINATE JOANNE KREBS". MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY BOARD MEMBER HOLZMAN. Chairperson Krebs asked if there were any other nominations. "I NOMINATE PAUL FINNEGAN". MOTION BY BOARD MEMBER PITTS. Board Member Finnegan declined the nomination. AGENDA CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 1999 Page 1 I of 11 "I MOVE THAT NOMINATIONS BE CLOSED". MOTION BY VICE CHAIRPERSON LYZEN. SECONDED. THE BOARD AGREED BY CONSENSUS TO ELECTED JOANNE KREBS AS CHAIRPERSON. Chairperson Krebs asked for nominations for a Vice Chairperson. "I WOULD NOMINATE PAUL FINNEGAN". MOTION BY JAMES PITTS. Board Member Finnegan declined the nomination. "I NOMINATE LURENE LYZEN FOR A SECOND TERM". MOTION AND SECOND. Chairperson Krebs asked, "Do we want to move that the nominations are closed"? "SO MOVED". THE BOARD AGREED BY CONSENSUS TO RE-ELECT LURENE L YZEN AS VICE CHAIRPERSON. IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 9:29 p.m. Minutes Respectfully Submitted by: Andrea Lorenzo-Luaces Interim City Clerk Amy R. Lovingfoss Interim Assistant City Clerk