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HomeMy WebLinkAbout1999 11 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 16, 1999 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:05 p.m. on Tuesday, November 16, 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 Mel Glickman, present Paul Finnegan, present Ken Furth, present Chuck Holzman, absent James B. Pitts, absent Also Present Ms. C. Jimette Cook, Code Enforcement Officer Approval of the September 21, 1999 Regular Meeting Minutes Chairperson Krebs advised that "At some point during the Aggarwal case, he presented us with documents, original documents, and I had noted that one of those documents was altered, and I want it entered into the record for the purpose of credibility". Vice Chairperson Lurene Lyzen noted that on page 7, paragraph 7, the word "by" should be changed to "be"; on page 9, paragraph 3, the word "except" should be "accept"; and on page 11, paragraph 1, the sentence, "after compliance as been achieved" should read, "after compliance h.as been achieved". MOTION BY VICE CHAIRPERSON LYZEN. "I MOVE THAT WE ACCEPT THE MINUTES AS AMENDED." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER FINNEGAN: AYE; BOARD MEMBER FURTH: AYE; CHAIRPERSON KREBS: AYE; BOARD MEMBER GLICKMAN : AYE. MOTION CARRIED. (Note From The Clerk: Board Member Glickman was advised that he should not vote concerning this matter) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 2 of 12 The Board welcomed the new Board Member, Mr. Melvin S. Glickman. Board Member Glickman spoke briefly about his experience with the City of Winter Springs. II. REGULAR AGENDA Code Enforcement Officer Cook advised that the following cases were in compliance: C. Case Number CEB-99-518 Garden Club Apartments - Unit 141-147 John L. & Lynn Riggle Section 13-1. (Fence Is In Disrepair) G. Case Number CEB-99-694 635 Dolphin Road Kimberly K. & Max Taylor Section 20-431. (Commercial V ehic1e) H. Case Number CEB-99-696 635 Dolphin Road Kimberly K. & Max Taylor Section 10-26. (Violation Of Occupational License By Allowing Employees To Report To Work On Site) M. Case Number CEB-99-722 632 Pearl Road Shelia Jackman Section 17-1. (Repeated Parking Of Vehic1es Blocking Sidewalk) Ms. Cook next informed the Board that the following cases would not be heard due to a lack of service: F. Case Number CEB-99-659 204 South Moss Road Mary 1. Shearer Trustee, FBO Kenneth G. & S L Furboter Section 20-411. (Boat) I. Case Number CEB-99-699 1211 Trotwood Boulevard Thomas F. Strasser Section 13-2. (Untended Grass And Weeds) N. Case Number CEB-99-734 261 Third Street North Jordan B. Michaels & Dana C. Burkett Section 13-2. (Untended Grass And Weeds) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 3 of 12 Code Enforcement Officer Cook then asked to move Agenda Item "E" to the front of the Agenda. The Board was in agreement. The Interim Assistant City Clerk swore in those persons who may be providing testimony during the presentation of this meeting's cases. E. Case Number CEB-99-653 351 East State Road 434 Jacobson, McClean, Chmelir & Ferwerda Law Firm Section 16-53. (No Sign Permit) Ms. Cook displayed pictures of the sign in question, and a "rough site plan" for the property. Ms. Cook also spoke about the slope of the property; the Code as it applies to this case; rescheduling the hearing for this case; variances; and the City's "stance" pertaining to this case. Amanda Jacobson, a Partner at the Jacobson, McClean, Chmelir & Ferwerda Law Firm, 351 East State Road 434, Winter Springs, Florida 32708: displayed other pictures of the sign and property to the Board and addressed the Board regarding the sign being an essential element to their business; complying with City Codes; "grandfathering"; the City's building regulations at the time of the original installation of the sign; the possibility of granting a continuance so that they may apply for a variance; the incline of the property; the curve of State Road 434; and a lack of "options". Discussion ensued regarding nonconforming use; City records for the original building and sign; permitting; variances; "grandfathering"; the uniqueness of the property; the process for applying for a variance; comments made by City Staff; and the Code Enforcement Board making a recommendation to the Board of Adjustment. (AMENDED) FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-653 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 JACOBSON, MCCLEAN, CHMELIR & FERWERDA LAW FIRM OF 351 EAST STATE ROAD 434 ARE IN VIOLATION OF SECTION 16- 53. [NO SIGN PERMIT] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING". MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE; CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 4 of 12 BOARD MEMBER GLICKMAN : AYE; BOARD MEMBER FINNEGAN : AYE; CHAIRPERSON KREBS: AYE; BOARD MEMBER FURTH: AYE. MOTION CARRIED. The Board discussed the Respondent applying for a variance; the time frame involved; and the wording of the Relief Order. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-653 OF THE CITY OF WINTER SPRINGS, JACOBSON, MCCLEAN, CHMELIR & FERWERDA, "IN ORDER TO GIVE THE RESPONDENT ADEQUATE TIME TO APPLY FOR AND RECEIVE A RULING ON HER VARIANCE REQUEST, THIS BOARD IS GRANTING A STAY OF FINE FOR ONE HUNDRED AND TWENTY (120) DAYS. AFTER ONE HUNDRED AND TWENTY (120) DAYS, IF COMPLIANCE IS NOT ACHIEVED (IF SHE GOT THE VARIANCE, COMPLIANCE WOULD BE ACHIEVED) THEN THIS BOARD WILL RE- HEAR THE CASE FOR THE FINE". MOTION BY BOARD MEMBER FURTH. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE; VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER GLICKMAN: AYE; BOARD MEMBER FURTH: AYE; BOARD MEMBER FINNEGAN: AYE. MOTION CARRIED. Chairperson Krebs directed the Interim Assistant City Clerk to draft a letter to the Board of Adjustment, from the Code Enforcement Board, that asks the Board of Adjustment to look closely at the request and consider the Respondent's situation. The Board was in agreement. K. Case Number CEB-99-716 895 State Road 434 Ned Voska Chapter 16 (Signs) Ms. Cook explained the past use of the business on the property in question and spoke about trailer signs; and changes to the City's Code. Tape I/Side B Code Enforcement Officer Cook read into the record Section 16-79. of the Code of the City of Winter Springs, Florida (Attachment "A"). CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 5 of 12 Ms. Cook discussed the Code; a letter from the Code Enforcement Department to Mr. Voska; permits; changes to the Code that occurred at a recent City Commission Meeting; nonconforming use; and grand openings. Ned Voska, 895 State Road 434, Winter Springs, Florida 32708: discussed the background of this case; past annexations; the preservation of the property; problems with the sign codes; permits; the possibility of making the sign a marquee sign; and the City's Ordinances being "too stringent". Code Enforcement Officer Cook addressed the SIgn codes; the State Road 434 Redevelopment District; and nonconforming uses. There was discussion about the possibility of the City's Codes harming business by restricting advertising; taxes; deannexation; and water and sewer service to the property. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-716 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 NED VOSKA OF 895 STATE ROAD 434 IS IN VIOLATION OF SECTION [CHAPTER] 16 [SIGNS] 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 FURTH. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE; VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER GLICKMAN: AYE; BOARD MEMBER FURTH: AYE; BOARD MEMBER FINNEGAN: AYE. MOTION CARRIED. There was discussion about the Respondent requesting a variance; making the sign permanent; and advertising. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-99-716 OF THE CITY OF WINTER SPRINGS, NED VOSKA, HAVING BEEN FOUND TO BE IN VIOLATION OF CHAPTER 16 [SIGNS] OF THE CODE OF THIS CITY, I MOVE THAT NED VOSKA BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE, A FINE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 6 of 12 OF $50.00 WILL BE IMPOSED PER DAY UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY AN OFFICER OF THIS CITY. FURTHERMORE, ANY AND ALL FUTURE RECURRENCES 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 NED VOSKA IS PRESENT AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AS OF THIS MEETING". MOTION BY CHAIRPERSON KREBS. SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION. VOTE: BOARD MEMBER GLICKMAN: AYE; BOARD MEMBER FURTH: AYE; VICE CHAIRPERSON LYZEN: AYE; CHAIRPERSON KREBS: AYE; BOARD MEMBER FINNEGAN: AYE. MOTION CARRIED. A. Case Number CEB-99-491 Lot 76 Creeks Run (310 Streamview Way) Morrison Homes Chapter 5 (Removing Trees Without Permit) B. Case Number CEB-99-492 Lot 67 Creeks Run (317 Streamview Way) Morrison Homes Chapter 5 (Removing Trees Without Permit) Ms. Cook explained that the Board heard this case, and Case number CEB-99-492 (Item "B" on this Meeting's Agenda) in August of 1999 and granted a continuance on both cases so that Morrison Homes could have adequate time 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. Ms. Cook further explained that Morrison Homes was still waiting for the permits from the Department of Transportation, as of the Meeting, but that they were anticipated to be received soon. Code Enforcement Officer Cook spoke to the Board about the details of the landscape plans; and that an adjudication was needed for this case. Board Member Paul Finnegan commended the Developer for "going the extra step" and adding to the beautification of the City. (AMENDED) FINDING OF FACT: "IN THE CASE OF CEB-99-491 AND CEB-99-492 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 7 of 12 THE CODE INSPECTOR, AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE INSPECTOR. BASED UPON THESE PROCEEDINGS, I FIND THAT MORRISON HOMES, ET AL OF CREEKS RUN, LOTS 76 AND 67 BE FOUND IN VIOLATION OF CHAPTER 5 [REMOVING TREES WITHOUT PERMIT] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING". MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: BOARD MEMBER FINNEGAN: AYE; BOARD MEMBER GLICKMAN: AYE; VICE CHAIRPERSON LYZEN: AYE; CHAIRPERSON KREBS: AYE; BOARD MEMBER FURTH: AYE. MOTION CARRIED. There was brief discussion by the Board as to a date for the Respondent to come into compliance. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-99-491 AND CEB-99-492 OF THE CITY OF WINTER SPRINGS, MORRISON HOMES, HAVING BEEN FOUND TO BE IN VIOLATION OF CHAPTER 5 [REMOVING TREES WITHOUT PERMIT], I MOVE THAT MORRISON HOMES BE GIVEN TILL JANUARY 7, 2000 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 UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY AN OFFICER OF THIS CITY. FURTHERMORE, ANY AND ALL FUTURE RECURRENCES 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 A REPRESENTATIVE OF MORRISON HOMES IS PRESENT AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AS OF THIS MEETING". MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE; CHAIRPERSON KREBS: AYE; VICE CHAIRPERSON L YZEN : AYE; BOARD MEMBER FINNEGAN: AYE; BOARD MEMBER GLICKMAN: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 8 of 12 D. Case Number CEB-99-618 407 North Hawthorne Circle Richard W ollnick Section 13-2. (Untended Grass And Weeds) Ms. Cook discussed the property being overgrown; the house on the property being vacant; notification; posting the property; the City taking care of the yard; and liens. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-99-618 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREP ARED BY THE CODE INSPECTOR, AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE INSPECTOR. I MOVE THAT RICHARD WOLLNICK OF 407 NORTH HAWTHORNE CIRCLE IS FOUND IN VIOLATION OF SECTION 13-2. [UNTENDED GRASS AND WEEDS] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING". MOTION BY BOARD MEMBER GLICKMAN. SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE; CHAIRPERSON KREBS: AYE; VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER FINNEGAN: AYE; BOARD MEMBER GLICKMAN: AYE. MOTION CARRIED. The Board briefly discussed what actions would be required to make the property look presentable. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-99-618 OF THE CITY OF WINTER SPRINGS, RICHARD WOLLNICK, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. [UNTENDED GRASS AND WEEDS], OF THE CODE OF THIS CITY, I MOVE THAT THE CITY GO AND CLEAN UP THE FRONT YARD". MOTION BY VICE CHAIRPERSON LYZEN. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER GLICKMAN: AYE; BOARD MEMBER FINNEGAN: AYE; CHAIRPERSON KREBS: AYE; BOARD MEMBER FURTH: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 9 of 12 J. Case Number CEB-99-706 701 State Road 434 - Proposed Texaco Station Anthony Ava Inc. Section 13-1. (Public Nuisance) Code Enforcement Officer Cook explained the background of this case and read. into the record Section 13-1. of the Code of the City of Winter Springs, Florida. (Attachment "B") There was discussion regarding litigation problems with the above-mentioned property; "definitions of nuisance"; and procedures surrounding Cities may use in cases similar to this case. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-706 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 UPON THESE PROCEEDINGS, I MOVE THAT ANTHONY AVA OF 701 STATE ROAD 434 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 FURTH. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER GLICKMAN : AYE; BOARD MEMBER FINNEGAN : AYE; BOARD MEMBER FURTH: AYE; CHAIRPERSON KREBS: AYE. MOTION CARRIED. Ms. Cook stated, "For the record, they did receive notice in a timely fashion and relayed to one of our workers that's working on the turn signal there, that 'Oh, don't worry about it. It'll be taken care of before the Board Hearing'." (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-99-706 OF THE CITY OF WINTER SPRINGS, ANTHONY AVA, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 13-1. [PUBLIC NUISANCE] OF THE CODE OF THIS CITY, I MOVE THAT ANTHONY AVA BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE, A FINE OF $100.00 WILL BE IMPOSED PER DAY UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY AN OFFICER OF THIS CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 10 of 12 CITY. FURTHERMORE, ANY AND ALL FUTURE RECURRENCES 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 BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. THERE WAS DISCUSSION REGARDING WHAT NEEDS TO BE DONE TO COME INTO COMPLIANCE; HOW MANY DAYS IT MAY TAKE TO COME INTO COMPLIANCE; FENCES; AND CITY NEGOTIATIONS. VOTE: BOARD MEMBER FINNEGAN : AYE; BOARD MEMBER GLICKMAN: AYE; VICE CHAIRPERSON LYZEN: AYE; CHAIRPERSON KREBS: AYE; BOARD MEMBER FURTH: AYE. MOTION CARRIED. L. Case Number CEB-99-718 632 Pearl Road Shelia Jackman Section 20-433. (Disabled Motor Vehicle) Code Enforcement Officer Cook spoke to the Board about a complaint form being started on this case in October of 1999; disabled vehicles being "switched" frequently; the respondent's son being a car dealer; the date that the correction was to be fixed by was November 12, 1999; the date the violation was corrected was November 16, 1999; repeat violations; business permits; and commercial uses in residential areas. Ms. Cook stated, "Let the record indicate he did not show up, no one showed up to speak on behalf of him, on her actually, it's his mother's house." (AMENDED) FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 99-718 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 UPON THESE PROCEEDINGS, I MOVE THAT SHELIA JACKMAN OF 632 PEARL ROAD WAS, IN FACT, IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF THE CITY OF WINTER SPRINGS ON NOVEMBER 16, 1999 AT 2:00 P.M.; AND THAT SUCH VIOLATION WAS NOT CORRECTED WITHIN THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR, AS PER CITY ORDINANCE 2-59. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 11 of 12 MOTION BY CHAIRPERSON KREBS. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: BOARD MEMBER FINNEGAN: AYE; BOARD MEMBER GLICKMAN: AYE; VICE CHAIRPERSON LYZEN: AYE; CHAIRPERSON KREBS: AYE; BOARD MEMBER FURTH: AYE. MOTION CARRIED. O. Case Number CEB-99-735 221 Bitterwood Street Daphne O. Obee & Diana C. Austin Mortgagee: Washington Mutual Section 13-1. (Creating A Public Nuisance) Ms. Cook discussed the house being vacant; notification; trying to reach the Mortgagee; neighbors taking care of the upkeep of the front lawn; the condition of the house; a serious violation of having an empty refrigerator not secured; and legal rights for entering the property. Tape 2/Side A There was continued discussion regarding noticing the Mortgagee; and the refrigerator being a health and safety violation. FINDING OF FACT: "IN THE CASE OF CEB-99-735 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 UPON THESE PROCEEDINGS, I MOVE THAT DAPHNE O. OBEE & DIANA C. AUSTIN, ET AL OF 221 BITTERWOOD STREET IS IN VIOLATION OF SECTION 13-1. [CREATING A 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 FINNEGAN. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER GLICKMAN: AYE; BOARD MEMBER FINNEGAN : AYE; BOARD MEMBER FURTH: AYE; CHAIRPERSON KREBS: AYE. MOTION CARRIED. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CEB-99-735 OF THE CITY OF WINTER SPRINGS, DAPHNE O. OBEE AND/OR DIANA C. AUSTIN, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 13-1. [CREATING A PUBLIC NUISANCE] OF CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 1999 Page 12 of 12 THE CODE OF THIS CITY, I ORDER THE CITY OF WINTER SPRINGS TO TAKE IMMEDIATE CORRECTIVE ACTION ON THE PROPERTY". MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE; VICE CHAIRPERSON LYZEN: AYE; BOARD MEMBER GLICKMAN: AYE; BOARD MEMBER FURTH: AYE; BOARD MEMBER FINNEGAN: AYE. MOTION CARRIED. The Board discussed procedures for amending Motions, and was in agreement to make a Motion to amend the original Motion, in the future. III. DISCUSSION OF GENERAL ISSUES Several Board Members asked about the Board receiving new Ordinances that are passed by the City Commission and the State Road 434 Corridor New Development Regulations and the Redevelopment Regulations. Staff advised the Board that both requests would be provided to them. Discussion ensued regarding the present Sign Ordinance; Overlay Districts; Code changes; finding out how cases are "disposed of'; repeat violations; and appeals. After discussion regarding the date of the Code Enforcement Board's December 1999 Meeting, the Board was in agreement to move the Regular Meeting to December 14, 1999, instead of December 21, 1999. The Interim Assistant City Clerk was instructed to notify those Board Members that were absent at this meeting. Board Member Finnegan discussed a letter from Mr. K.c. Aggarwal that was an attachment to the September 21, 1999 Regular Meeting Minutes. IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 9:30 p.m. Minutes Respectfully Submitted by: Amy R. Lovingfoss Interim Assistant City Clerk DOCS\boards\codeenfo\all1\minutes\1999\111699.doc