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HomeMy WebLinkAbout2000 03 21 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 21, 2000 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:00 p.m. on Tuesday, March 21,2000, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A moment of silence was followed by the Pledge of Allegiance. Roll Call Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, absent Board Member Mel Glickman, absent Board Member Paul Finnegan, absent Board Member Ken Furth, present Board Member Chuck Holzman, present Board Member James B. Pitts, present Also Present Ms. C. Jimette Cook, Code Enforcement Officer Approval of the January 18,2000 Regular Meeting Minutes Chairperson Krebs stated, "We'll go ahead with the approval of the January 18th Regular Meeting Minutes". MOTION BY BOARD MEMBER PITTS. "SO MOVED". SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN: AYE MOTION CARRIED. II. REGULAR AGENDA The Clerk swore in those persons who may be providing testimony during the presentation of the meeting's cases. Code Enforcement Officer Jimette Cook advised that the following cases were III compliance and would not be heard at this meeting: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE20F17 E. Case Number CEB-00-007 658 Marlin Road Todd D. And Deborah Tischler Section 13-2. (Littering Right Of Way) F. Case Number CEB-00-022 20 Coral Way Wayne A. And Lois J. Bonacci Tenant: Dale Ward Section 20-411. (R V) G. Case Number CEB-00-026 623 Anhinga Road Michael Sprouse Section 20-433. (Disabled Motor Vehicle) H. Case Number CEB-00-043 1200 Belle Avenue, #115 Robert And Ann Marie Baxley Tenant: Stan Tommasello - Finishing World, Incorporated Section 10-26. (No Occupational License) I. Case Number CEB-00-044 1250 Belle Avenue, #106 Don Plakon - Wholesale Car Exchange Section 10-26. (No Occupational License) J. Case Number CEB-00-045 100 State Road 419, #120 Byron B. Bonyadi And Roger A. Nelson Tenant: Pharmaceutical Health Care Consultants, Incorporated Section 10-26. (No Occupational License) K. Case Number CEB-OO-047 890 Northern Way, Suite E-2 Robert Riesen (Robert Riesen's RAR Associates, Incorporated Section 10-26. (No Occupational License) L. Case Number CEB-00-072 224 Shore Road Sandra C. Koelble Section 20-411. (Boat And Trailer) M. Case Number CEB-00-095 636 Silver Creek Drive Richard A. And Patricia A. Bartz Section 13-2. (Brush) N. Case Number CEB-00-097 ION orth Cortez A venue Larry D. And Sandra R. Brown Section 20-411. (R V) O. Case Number CEB-00-098 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 20-411. (Boat) P. Case Number CEB-00-099 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 20-432. (Commercial Trailer) Q. Case Number CEB-00-I00 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 13-2. (Trash And Debris) R. Case Number CEB-00-I05 26 Coral Way Hamid T. Khanli Tenant: Keith Wilbourn Chapter 16. (Signs) S. Case Number CEB-00-I06 11 North Devon Avenue James S. And Annette R. Wade Section 20-433. (Disabled Motor Vehicle) T. Case Number CEB-00-I07 240 North Devon Avenue Earl R. Bowles Section 20-411. (R V) V. Case Number CEB-OO-ll0 106 Sherry Avenue Andrew G. Davis Tenant: Susan Lee Brady Section 20-432. (Commercial Vehicle) W. Case Number CEB-OO-l11 412 David Street Benjamin And Milagros Zayas Section 20-411. (Boat) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE 3 OF 17 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21,2000 PAGE40F 17 X. Case Number CEB-OO-112 218 Albert Street Joseph O. Landers And Tina M. Landers Section 13-2. (Brush) Z. Case Number CEB-00-114 214 Charles Street Jose J. Rivera And Juan L. Rosa Section 20-433. (Disabled Motor Vehicle) AA. Case Number CEB-OO-115 218 Charles Street John J. Sandroni - Trustee Section 20-433. (Disabled Motor Vehicle) BB. Case Number CEB-00-120 1034 Winter Springs Boulevard Howard And Madelyne Rosenfeld Section 20-411. (Trailer) DD. Case Number CEB-00-127 627 Dolphin Road Frank P. D'Amico Section 20-411. (Boat) EE. Case Number CEB-00-128 609 Alton Road Walter R. And Doris B. Monser Tenant: John Kienser Section 20-432. (Commercial Truck And Trailer) FF. Case Number CEB-00-129 629 Alton Road Wendy Simmons Section 20-432. (Commercial Vehicle - Truck) GG. Case Number CEB-00-130 225 Mockingbird Lane Robert T. And Lisa L. Riley Section 20-411. (RV) HH. Case Number CEB-00-131 715 Sailfish Road Louis E. And Martha M. Hernandez Section 20-433. (Disabled Motor Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE 5 OF 17 II. Case Number CEB-00-132 234 Shore Road Pancracio And Elevic Flores Section 20-433. (Disabled Motor Vehicle) JJ. Case Number CEB-00-133 640 Pearl Road William J. Jr. And Jarrica Shorter Section 20-433. (Disabled Motor Vehicle) KK. Case Number CEB-00-134 618 Pearl Road Carlos C. And Gladys O. Rivera Section 13-2. (Debris) LL. Case Number CEB-00-135 640 Silver Creek Drive Kenneth L. And Wendy T. Cash Section 20-411. (Trailer) MM. Case Number CEB-00-136 603 Bonita Road Liliana M. Serrant Section 20-432. (Commercial Vehicle) NN. Case Number CEB-00-137 147 Hayes Road William C. Andree And Freida K.F. Andree Section 20-433. (Disabled Motor Vehicle) 00. Case Number CEB-OO-138 661 Marlin Road Kristian And Kristina Seaman Section 20-433. (Disabled Motor Vehicle) QQ. Case Number CEB-00-140 609 Marlin Road Stuart And Deborah Nowak Section 20-433. (Disabled Motor Vehicle) RR. Case Number CEB-00-167 1112 Pheasant Circle Donald And Francine Greene Tenant: Richard Todd - Nationwide Pest Control Section 10-26. (No Occupational License) Ms. Cook asked the audience if there were any questions regarding the agenda. No questions were asked. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE60FI7 .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER DISCUSSED. .:. .:. C. Case Number CEB-99-653 351 East State Road 434 Jacobson, McClean, Chmelir & Ferwerda Law Firm Section 16-53. (No Sign Permit) Code Enforcement Officer Cook advised the Board that the City would like to request a continuance on Case Number CEB-99-653 due to a lack of "due process of notice to the owner" . There was brief discussion regarding the reasons the property owner was not properly notified. Mr. Andrew Chmelir, Jacobson, McClean, Chmelir & Ferwerda Law Firm, 351 East State Road 434, Winter Springs, Florida 32708: spoke to the Board on behalf of the Law Firm, and stated, "We were respectfully going to also ask for a continuance. We would have no objection to this at all". FINDING OF FACT: "UNDER THE CIRCUMSTANCES, I MOVE THAT WE GRANT THE CONTINUANCE". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. VOTE: THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. A. Case Number CEB-99-290 Undeveloped Property Off Shepard Road Dittmer Properties, Incorporated Section 13-2. (Overgrowth Of Plants As To Create A Fire Hazard) Ms. Cook entered into record the Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt. Also entered into record was the original Statement of Violation and Notice of Hearing for the April 20, 1999 Code Enforcement Board Meeting, along with the Certified Mail Delivery Return Receipt. Code Enforcement Officer Cook explained to the Board that this case was originally brought before the Board on April 20, 1999 and spoke about the location of the property; maintenance of the property; the April 1999 Order of the Board; correspondence between the Code Enforcement Department and the Respondent; inspections of the property; the Order of the Board not being "satisfied", and a lien against the property in the amount of one hundred (100) dollars per day being imposed. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 2\,2000 PAGE 7 OF 17 Ms. Cook spoke regarding the Board's options concerning this case; the Respondent being in compliance at the time of the Meeting; the Respondent being "cooperative"; and the current amount of the lien. There was discussion in reference to the amount and time frame of the lien; conversations regarding compliance; "confusion" over the amount of the property that needed to be maintained; the direction of the April 1999 Order of the Board; and the Florida Power easement located on the property. Chairperson Krebs advised that Mr. Walt Dittmer contacted her at her home, and read a letter regarding the call she received. Chairperson Krebs spoke to the Board about violations of the Sunshine Law. Mr. Walt Dittmer, 1006 Shepard Road, Winter Springs, Florida 32708: addressed the Board regarding taking the Order of the Board seriously; meeting with Ms. Cook on site; passed out information regarding fire prevention, and plot plans; and stated that the grass had been cut several times. Mr. Dittmer continued speaking to the Board about the amount of property that was maintained; property being deeded to the Homeowners Association; the easement; swales; water retention; dust; being a "team player"; and his concern over the situation. There was discussion in reference to understanding the Order of the Board; communication between Mr. Dittmer and the Code Enforcement Officer; inspections of the property; the amount of property that was ordered to be maintained; the City not having any objection to reducing the fine; the property being in compliance at the time of the Meeting; and the amount of the lien. The Board next discussed notification; the Respondent not attending the April 20, 1999 Meeting; the dimensions of the property; the dates the lien was imposed and stopped; what maintenance the City Code requires of the property; recommendations to the City Commission; past Code Enforcement Board cases that are similar; and the "Findings of Fact" that the April 1999 Order of the Board was based upon. FINDING OF FACT: "I MOVE THAT WE RECOMMEND TO THE CITY COMMISSION THAT THE FINE, THE LIEN PROPOSED AGAINST MR. DITTMER BE REDUCED TO NO MORE THAN THREE THOUSAND (3,000) DOLLARS, WHICH WOULD REPRESENT APPROXIMA TEL Y TEN (10) PERCENT OF THE FINE AS IT SITS TODAY". MOTION BY BOARD MEMBER PITTS. "I'LL SECOND THAT. THAT WOULD BE IN COMPLIANCE WITH IN THIRTY (30) DAYS". SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE 8 OF 17 Code Enforcement Officer Cook advised that the property was currently in compliance. The Board and Ms. Cook then discussed the date of compliance; and the last inspection of the property. The Board reviewed correspondence between the Respondent and Ms. Cook, and discussed the dates of the letters; notification; and the date the lien was imposed. Tape I/Side B Correspondence continued to be reviewed. There was discussion regarding the inspections that the Code Enforcement Officer had performed; and why the lien was imposed. VOTE: CHAIRPERSON KREBS: NAY BOARD MEMBER PITTS: AYE BOARD MEMBER HOLZMAN: NAY BOARD MEMBER FURTH: AYE MOTION DID NOT CARRY. There was brief discussion regarding the Board making another Motion. FINDING OF FACT: "I MOVE IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MR. WALT DITT~ER THAT WE FIND THAT HE IS NOW IN COMPLIANCE AND REDUCE-RECOMMEND TO THE CITY COMMISSIONERS WE REDUCE THE FINE TO FIFTEEN HUNDRED (1,500) DOLLARS". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: BOARD MEMBER HOLZMAN : NAY CHAIRPERSON KREBS: NAY BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE MOTION DID NOT CARRY. There was discussion regarding Mr. Dittmer going before the City Commission to ask for a reduction of the fine; the difference in interpretations of the April 1999 Order of the Board by the Board and the Respondent; and reasons for the votes from the some of the Board Member's. Chairperson Krebs called a recess at 8:15 p.m. Chairperson Krebs reconvened the Meeting at 8: 18 p.m. There was discussion regarding the City Code as it applies to the case; "clarifying" the applicable Ordinance; and clearing brush. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE90F17 B. Case Number CEB-99-401 91 Lombardy Road Peggy Scribner Section 13-1. (Maintaining A Public Nuisance By Allowing Home To Become Unsecured) Code Enforcement Officer Cook asked if anyone was here to represent the case. No one came forward. Ms. Cook explained that the case was brought to the Board in August 1999, and spoke about the history of the case; the property being brought into compliance in January 2000; recently coming in contact with the Respondent's son and reminding him that the lien was "running"; the house continually being a nuisance due to it being vacant; the amount of the lien; recommending foreclosure on the house; the seriousness of the situation; the goal to get the house sold or rented; and the steps of foreclosure. FINDING OF FACT: CHAIRPERSON KREBS STATED, "WE'RE LOOKING FOR A MOTION TO SEND THIS TO THE CITY ATTORNEY FOR FORECLOSURE. DO WE HEAR A MOTION FOR THAT?" "SO MOVED". MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VOTE: BOARDMEMBERFURTH: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. D. Case Number CEB-99-818 Orange Avenue Chanh Q. & Ngan M. Nguyen Section 13-2. (Storage Of Brush And Debris) Code Enforcement Officer Cook asked if anyone was present to represent the case, and further stated, "For the record, please note that no one came to speak on this property". Ms. Cook briefly reviewed the history of the case, as it was heard by the Board on January 18, 2000, and informed the Board that the Respondent lived outside the City of Winter Springs and had enlisted the help of the Seminole County Sheriffs Office to hand deliver the Order of the Board; that the Sheriffs Office had been unable to achieve delivery; that the property was posted; and an Affidavit of Posting was entered into the record by Ms. Cook. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21,2000 PAGE 100F 17 There was discussion about amending the Order of the Board to direct the Code Enforcement Officer to deliver the Order of the Board via the standard ways of notification; Ms. Cook working with the Department of Environmental Protection, St. Johns River Water Management District, Seminole County Code Enforcement Department, and other agencies regarding the case; and debris being moved to the portion of the property within the Seminole County limits. FINDING OF FACT: "I WOULD LIKE TO AMEND MY ORIGINAL ORDER TO INDICATE THAT THE DELIVERY OF NOTICE BE HANDLED IN THE WAY AS ESTABLISHED BY THE STATUTES". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN: AYE MOTION CARRIED. U. Case Number CEB-00-I09 112 Lori Anne Lane Joseph C. And Amy M. Wrinkle Section 13-2. (Untended Grass And Weeds) The Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt, was entered into the record. Code Enforcement Officer Cook spoke about the case actually pertaining to the entire building; and that the building appears to be vacant. Ms. Cook asked if anyone was present to represent the case, and further stated, "Let the record indicate that there is no one". Pictures of the property were entered into the record by Code Enforcement Officer Cook, who spoke about properties on Lori Anne Lane being "slated for some rehab", the possibility of problems with securing financing for the aforementioned project; the type. of adjudication and fine the City is seeking in the case; and notification. (AMENDED) FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-109 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 JOSEPH C. AND AMY M. WRINKLE OF 112 LORI ANNE LANE ARE IN VIOLATION OF SECTION 13-2. [UNTENDED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE 11 OF 17 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 HOLZMAN. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-109 OF THE CITY OF WINTER SPRINGS, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. [UNTENDED GRASS AND WEEDS) OF THE CODE OF THIS CITY, I MOVE THAT JOSEPH C. AND AMY M. WRINKLE 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 $50.00 PER DAY WILL BE IMPOSED UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY AN . OFFICER OF THE 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 HOLZMAN. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Cc. Case Number CEB-00-123 944 March Hare Court William B. Horter Section 20-433. (Disabled Motor Vehicle) The Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt, was entered into the record. Ms. Cook briefly discussed the three (3) unlicensed vehicles at the rear of the property; that "orange stickers" were placed on the vehicles; and that the property owner received notice. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21,2000 PAGE 12 OF 17 Code Enforcement Officer Cook stated, "Let the record indicate there's nobody here to represent the owners". There was continued discussion regarding the type of adjudication and fine the City is seeking in this case; an easement near the property; the owners of the vehicles; the City's "Tow" Ordinance; past and current procedures of finding the registered owner via the . vehicle identification number; and procedures for removing the vehicle. The Board reviewed pictures taken of the vehicles; and briefly discussed stolen vehicles. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-123 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 WILLIAM B. HORTER OF 944 MARCH HARE COURT IS IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] 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 HOLZMAN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-123 OF THE CITY OF WINTER SPRINGS, WILLIAM B. HORTER HAVING BEEN FOUND IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF THIS CITY, I MOVE THAT WILLIAM B. HORTER 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 $25.00 PER CAR, PER DAY WILL BE IMPOSED UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY AN OFFICER OF THE 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 HOLZMAN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE 13 OF 17 VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Discussion ensued regarding the City Commission approving the employment of an additional inspector for the Code Enforcement Department; and the Board having legal representation at the meetings. .:..:. AGENDA NOTE: THE BOARD AGREED TO FURTHER DISCUSS THE MATTER OF LEGAL REPRESENTATION LATER IN THE MEETING UNDER AGENDA ITEM III, "DISCUSSION OF GENERAL ISSUES". .:..:. Y. Case Number CEB-00-113 206 Wade Street Kenneth R. And Carrie M. Rahuba Section 20-433. (Disabled Motor Vehicle) The Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt, was entered into the record. Ms. Cook explained how the case was brought to her attention; the number of cars that were on the property; and asked, "Is anyone here to represent Wade Street? And nobody's here". Code Enforcement Officer Cook discussed the type of adjudication and fine the City was seeking for the case; the condition of the vehicle; the property owner being verified to live at the address; a "For Sale" sign being on the vehicle; and that the vehicle does not have a tag. Ms. Cook read the City Code as it applies to the case; and reviewed the definitions of a disabled motor vehicle. There was discussion regarding the vehicle being "in fact" disabled; the vehicle being "for sale"; "indications" of disabled motor vehicles; and that notification had been accomplished. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-113 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. BASED UPON THESE PROCEEDINGS, I MOVE THAT KENNETH R. AND CARRIE M. RAHUBA OF 206 WADE STREET ARE IN VIOLATION OF SECTION 20-433. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE 14 OF 17 [DISABLED MOTOR VEHICLE] 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 HOLZMAN. DISCUSSION. VOTE: . BOARD MEMBER FURTH: AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER PITTS: NAY CHAIRPERSON KREBS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-113 OF THE CITY OF WINTER SPRINGS, KENNETH R. AND CARRIE M. RAHUBA HAVING BEEN FOUND IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF THIS CITY, I MOVE THAT KENNETH R. AND CARRIE M. RAHUBA 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 $25.00 PER DAY WILL BE IMPOSED UNTIL COMPLIANCE IS . ACHIEVED, AS VERIFIED BY AN OFFICER OF THE 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 HOLZMAN. DISCUSSION. VOTE: BOARD MEMBER HOLZMAN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: NAY MOTION CARRIED. PP. Case Number CEB-00-139 657 Marlin Road James E. Sr. And Karen B. Fisher Section 20-433. (Disabled Motor Vehicle) The Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt, was entered into the record. Code Enforcement Officer Cook explained that the case involves two (2) disabled vehicles; and described the condition of the vehicles. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21,2000 PAGE 15 OF 17 Ms. Cook asked if anyone was present to represent the case, and further stated, "Let the record indicate that there's not". Pictures of the vehicles were given to the Board to review. Discussion ensued regarding the type of adjudication and fine the City was seeking in the case; and "running" the tag on one of the vehicles. Tape 2/Side A Continued discussion regarding the vehicles; the City Code as it applies to the case; and laws against driving the vehicle with the tag displayed in the back window. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-139 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. BASED UPON THESE PROCEEDINGS, I MOVE THAT JAMES E. AND KAREN B. FISHER OF 657 MARLIN ROAD ARE IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] 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 HOLZMAN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: NAY CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN : AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-139 OF THE CITY OF WINTER SPRINGS, JAMES AND KAREN B. FISHER HAVE BEEN . FOUND IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF THIS CITY, I MOVE THAT JAMES AND KAREN B. FISHER 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 $25.00 WILL BE IMPOSED PER CAR, PER DAY UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY AN OFFICER OF THE 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 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2000 PAGE 160F 17 OFFICER OF THE CITY". MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER PITTS: NAY BOARD MEMBER FURTH: AYE MOTION CARRIED. III. DISCUSSION OF GENERAL ISSUES Discussion ensued regarding the availability of legal representation for the Board; representation for Code Enforcement Officer Cook; the possibility of conflict if the same Attorney is used for both; having legal representation present when the Board hears the continuance of Case Number CEB-99-653; Attorneys being able to assist in defining statutes and case law; having court reporters present; and the increase of "complicated issues" being brought before the Board. The Board requested that, in the future, Ms. Cook provide them with any information she may have pertaining any cases they will be hearing at the meeting, in the beginning of the meeting so that that they can take time to review the information. Code Enforcement Officer Cook agreed to do so. Chairperson Krebs spoke about the Board potentially being contacted by Respondents, and what was learned as a result of the situation that involved her. Ms. Cook advised the Board that Case Number CEB-99-512 is on appeal in the Circuit Court. Discussion ensued in reference to the procedures for the appeal; if the Board will be able to hear the outcome; and the possibility of the Board rehearing the case, should charges ever be brought against the Respondents in the future. There was continued discussion on how the Board should handle being contacted by Respondents. Code Enforcement Officer Cook was asked about the "leash law"; and the City Commission's decision regarding the Ordinance. There was discussion about the current Code; how the Police Department may be involved; and further direction to the Code Enforcement Department in reference to changing the Ordinance. The Board asked about the "technical way" to bring potential problems or revisions to a current Ordinance to someone's attention. Discussion ensued about procedures for changing the City Code. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21,2000 PAGE 17 OF 17 IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 9:35 p.m. Minutes Respectfully Submitted by: Amy R. Lovingfoss, City Clerk's Office City of Winter Springs DOCS\boards\codeen fo\alll\minutes\2000\0321 OO.doc