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Home My WebLink About2000 01 18 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 18,2000 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:04 p.m. on Tuesday, January 18, 2000, 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, absent Mel Glickman, present Paul Finnegan, absent Ken Furth, absent Chuck Holzman, present James B. Pitts, present Also Present C. Jimette Cook, Code Enforcement Officer Michael Mingea, Arborist, Code Enforcement Department Approval of the November 16, 1999 Regular Meeting Minutes "I MOVE TO APPROVE THE MINUTES". MOTION BY BOARD MEMBER GLICKMAN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. II. REGULAR AGENDA Code Enforcement Officer Cook advised that the following cases were in compliance: A. Case Number CEB-99-763 109 Flamingo Avenue South Tina L. Johnson Section 6-46. (No Building Permit) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2000 PAGE20F4 B. Case Number CEB-99-768 2 Coral Way Paul E. Flaherty Section 20-411. (Boat) C. Case Number CEB-99-808 223 Charles Street Steven F. Monser Tenant: Jonathan Richmond Section 20-411. (Boat) D. Case Number CEB-99-809 216 Charles Street Maria & George Ward Section 20-411. (Boat) G. Case Number CEB-OO-004 40 North Cortez Avenue Ezzuldien H. Elgayar Tenant: Floyd Sendmeyer Section 20-433. (Disabled Motor Vehicle) H. Case Number CEB-OO-005 31 North Cortez Avenue Ronald G. Lesage & Corey A. Folan Section 20-411. (Trailer) Ms. Cook next informed the Board that the following case would not be heard due to a lack of service: F. Case Number CEB-OO-003 1040 Winter Springs Boulevard Robert J. & Marilyn R. Schubach Section 20-411. (RV) The Clerk swore in those persons who may be providing testimony during the presentation of this meeting's case. E. Case Number CEB-99-818 Orange A venue Chanh Q. & Ngan N. Nguyen Section 13-2. (Storage Of Trash & Debris) Code Enforcement Officer Cook explained to the Board that the property in question was annexed into the City of Winter Springs in October of 1999; that the property contains an old borrow pit, but now contains a pond; that during a recent inspection of the property, it was discovered that a large amount of organic debris had been hauled in and stored on the property; and the consequences of having the organic debris on the property. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2000 PAGE30F4 Ms. Cook stated, "I am going to note for the record that there is no one here to represent the Property Owner, who was dually noticed and did receive service"; and passed around pictures to the Board. Mr. Michael Mingea, Arborist, Code Enforcement Department, "authenticated" the pictures of the property, for the record. Discussion ensued regarding the purpose of the pond; the purpose of the organic material on the site; the owner of the property having knowledge of the debris being hauled in; Seminole County regulations; when the organic material was brought onto the property; there being commercial activity without an occupational license; and the property being annexed without a zoning classification. The Board next discussed the close proximity of houses, a school, and public access areas; other State and County Agencies being involved; borrow pits; records of who leases the property; payment for dumping; notification; and the City's regulations regarding dumping. A letter to the Florida Department of Transportation was read into the record by Code Enforcement Officer Cook. (See Attachment "A") There was discussion regarding the property being inspected by the St. John's River Water Management District; trail violations; reason for the annexation of the property; the City's annexation procedures; and the "alleged leaser" ofthe property. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-99-818 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 ON THE PROCEEDINGS, I MOVE THAT CHANH Q. & NGAN N. NGUYEN OF ORANGE AVENUE, WINTER SPRINGS ARE IN VIOLATION OF SECTION 13-2. [PUBLIC NUISANCE] OF THE CODE OF WINTER SPRINGS, AND THA T AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER GLICKMAN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN: AYE MOTION CARRIED, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2000 PAGE 4 OF 4 Discussion ensued regarding hand delivery of the Order of the Board; the materials being moved to a State approved site; timeframes; fines; repeat violations; working with other Agencies to help correct the problem; and concerns about filling in the borrow pit. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-99-818 OF THE CITY OF WINTER SPRINGS, CHANH Q. & NGAN N. NGUYEN, HAVE BEEN FOUND IN VIOLATION OF SECTION 13-2. [PUBLIC NUISANCE] OF . THE CODE OF THIS CITY, I MOVE THAT CHANH Q. & NGAN N. NGUYEN BE GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE, A FINE OF $250.00 WILL BE IMPOSED PER DAY UNTIL COMPLIANCE IS ACHIEVED THROUGH REMOVAL OF THE MATERIALS IN QUESTION TO AN APPROVED SITE, 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." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER GLICKMAN. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN : AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. III. DISCUSSION OF GENERAL ISSUES This Agenda Item was not discussed. IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 7:58 p.m. Minutes Respectfully Submitted by: Amy R. Lovingfoss, City Clerk's Office City of Winter Springs DOCS\boards\codeenfo\a1Il\minutes\2000\011800.doc