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Home My WebLink About2000 05 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 16,2000 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:02 p.m. on Tuesday, May 16, 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 Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Mel Glickman, present Board Member Paul Finnegan, present Board Member Ken Furth, present Board Member Chuck Holzman, present Board Member James B. Pitts, present Also Present Ms. C. Jimette Cook, Code Enforcement Manager Approval of the April 18, 2000 Regular Meeting Minutes Chairperson Krebs asked for a "Motion to approve the Regular Meeting Minutes of April 18th". "SO MOVED". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE: VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN : AYE BOARDMEMBERHOLZMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2000 PAGE 2 OF 10 II. REGULAR AGENDA Ms. C. Jimette Cook, Code Enforcement Manager, informed the Board that they would hear only three (3) cases at this meeting. The following cases would not be heard at this meeting: B. Case Number CEB-99-472 886 Benchwood Drive Jackie B. Gammon Section 20-433. (Disabled Motor Vehicle) C. Case Number CEB-00-230 222 Albert Street James A. And Eileen M. Nass Section 6-195. (Fence In Disrepair) D. Case Number CEB-00-231 765 South Edgemon Avenue Theresa Nicosia, Trustee FBO Section 6-195. (Fence In Disrepair) E. Case Number CEB-00-232 708 Lancewood Drive Robert A. And Teria D. Kench Section 6-46. (No Building Permit - Shed) F. Case Number CEB-00-241 765 South Edgemon Avenue Theresa Nicosia, Trustee FBO Section 13-2. (Debris) G. Case Number CEB-00-283 1775 Seneca Boulevard Robert T. And Beulah B. Ali-Carr Section 6-46. (No Building Permit - Solar Panels) H. Case Number CEB-OO-285 413 David Street Donald M. Anders Section 20-411. (Boat) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2000 PAGE 3 OF 10 K. Case Number CEB-00-296 1501 East State Road 434 Amerada Hess Mart Corporation Hess Express #09369 Section 16-57. (Illegal Signs) L. Case Number CEB-00-297 147 West State Road 434 (Winter Springs Food Market) David Van Section Chapter 16. (Illegal Signs) M. Case Number CEB-00-298 1491 East State Road 434 Kash- N- Karry Section 9-74. (Failure To Adhere To Final Development Agreement) .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER DISCUSSED. .:. .:. A. Case Number CEB-99-290 Undeveloped Area Off Shepard Road Dittmer Properties, Incorporated. Section 13. (Overgrowth Of Plants As To Create A Fire Hazard) Ms. Cook briefly explained the history of the case; that the City Commission voted to reduce the amount of the lien for this case; and that the Property Owner wished to address the Board in reference to amending their original "Order of the Board". The Clerk swore in those persons who may be providing testimony during the presentation of this meeting's cases. Mr. Walt Dittmer, 1006 Shepard Road, Winter Springs, Florida 32708: spoke to the Board regarding the purpose of the berm on the property; property deeded to the Wildwood Subdivision; what portion of the property has been cut in the past; recommendations from the Florida Department of Agriculture and Consumer Services; the size of the property; and removing the lien. Mr. Dittmer stated, "I would like to go on record as saying, and I'm sincerely sorry about the misunderstanding that apparently Jimette and I had over this. There was never a doubt on my mind what I thought I was to do". Mr. Dittmer continued speaking to the Board regarding a water retention area being located on the property beyond the berm; that the water retention area fills with water during the "Rainier season"; notification of when the lien was started on the property; and lowering the amount of the lien. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 16,2000 PAGE40F10 The Board discussed the fact that only the City Commission can reduce of remove the lien on the property; the amount of property that was originally ordered to be maintained; the amount of property the owner wishes to be required to maintain; recommendations from the City's Fire Department; and circumstances regarding the maintenance of similar undeveloped properties in the City. FINDING OF FACT: "I'D LIKE TO MAKE A MOTION THAT WE CHANGE THE RESTRICTIONS TO READ 'THIRTY (30) FEET FROM THE PROPERTY LINE', AS OPPOSED TO 'THIRTY-FIVE (35) FEET', AS ORIGINALLY STATED". MOTION BY BOARD MEMBER GLICKMAN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER FINNEGAN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER GLICKMAN : AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. I. Case Number CEB-00-286 413 David Street Donald M. Anders Section 13-2. (Trash And Debris) Code Enforcement Manager Cook asked "Is anybody here to represent Mr. Anders or 413 David Street? Let the record indicate there's no one here". The Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt, was entered into the record by Ms. Cook. Ms. Cook read into the record a Complaint Form dated April 27, 2000 from the Police Department, received by the Code Enforcement Department on May 8, 2000. (Attachment "A") Copies were provided to the Board. Photographs of the property in question were displayed and explained to the Board, and entered into the record by Ms, Cook. Also entered into the record was documentation from the Seminole County Property Appraisers Office, depicting Mr. Anders as the property owner. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 16,2000 PAGE 5 OF 10 Discussion ensued regarding past code violations on the property; the type of adjudication and fine the City is seeking in this case; complaints from neighbors; chain link fences; and which portions of the City Code apply to the case. (AMENDED) FINDING OF FACT: "IN THE CASE OF CEB-00-286 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 DONALD M. ANDERS OF 413 DAVID STREET IS IN VIOLATION OF SECTION 13-2. B AND C [TRASH AND DEBRIS] OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING". MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. The Board discussed repeat violations; and the past owner and tenant. VOTE: BOARDMEMBERHOLZMAN: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER FINNEGAN: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. There was brief discussion regarding what type of adjudication and fine the City is seeking in this case. (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-286 OF THE CITY OF WINTER SPRINGS, DONALD M. ANDERS HAVING BEEN FOUND IN VIOLATION OF SECTION 13-2. [TRASH AND DEBRIS] OF THE CODE OF THIS CITY, I MOVE THAT DONALD M. ANDERS 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 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 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2000 PAGE 6 OF 10 COMPLIANCE IS AGAIN ACHIEVED, AS VERIFIED BY AN OFFICER OF THE CITY". MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBERLYZEN. DISCUSSION. Discussion ensued in reference to fines that have been imposed to similar cases; if the proposed time to come into compliance would be adequate; the necessity of the Respondent scheduling an inspection with the Code Enforcement Department once they are in compliance; eliminating misunderstanding regarding what needs to be done to come into compliance by being specific; and the process for bringing repeat violations to the Board. AMENDMENT BY BOARD MEMBER PITTS TO CHANGE THE MOTION FROM "I MOVE THAT DONALD M. ANDERS BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION" TO READ "I MOVE THAT DONALD M. ANDERS BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION". AMENDMENT SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VOTE (ON THE AMENDMENT): BOARD MEMBER GLICKMAN: AYE BOARD MEMBER FURTH: NAY BOARD MEMBER FINNEGAN : NAY BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: NAY CHAIRPERSON KREBS: AYE MOTION CARRIED. VOTE (ON THE ORIGINAL MOTION): BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER GLICKMAN: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER FINNEGAN : AYE MOTION CARRIED. There was discussion regarding the process for dealing with additional violations the Code Inspector may find while investigating the current Code Violation; and the Board being specific about what measures need to be taken to correct a Code Violation. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 16,2000 PAGE 7 OF 10 Chairperson Krebs called a recess at 7:47 p.m. The Meeting was reconvened by Chairperson Krebs at 7:49 p.m. J. Case Number CEB-00-287 200 Old Sanford Oviedo Road Vincent Contestabile (Andrew Scrap Tire) Section 13-1. (Littering In Roadway) The Statement of Violation and Notice of Hearing for this case, along with the Certified Mail Delivery Return Receipt, was entered into the record by Ms. Cook. Code Enforcement Manager Cook stated, "For the record, I'm going to ask if anybody is here to represent Mr. Contestabile or Andrew Scrap Tire? Let the record indicate there is no one here". Ms. Cook explained the purpose of the business; how the tire scraps get scattered on the roadway; her past discussions with the business owner; and how the tire scraps in the roadway affect surrounding businesses. Samples of the tire scraps; photographs of the roadway; and an electronic mail message from an adjacent business, which contained photographs of the roadway; were entered into record by the Code Enforcement Manager. The Board looked at the samples and reviewed the photographs. The Board discussed how the tire scraps were getting in the road by being caught in the tread of tires on large trucks; how many vehicles regularly travel the road; additional complaints; the Code Enforcement Department's concerns about the tire scraps ending up in a surrounding creek and wetland areas; enforcement regarding environmental legislation; various methods to correct the problem; and potential dangerous situations that could occur as a result of the tire scraps being in the roadway. (AMENDED) FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-00-287 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 VINCENT CONTE STABILE OF 200 OLD SANFORD OVIEDO ROAD IS IN VIOLATION OF SECTION 13-1. (LITTERING IN ROADWAY) OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING". MOTION BY BOARD MEMBER GLICKMAN. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 16,2000 PAGE 8 OF 10 Tape I/Side B Discussion ensued in reference to the City's responsibilities in cases similar to this; the City Code as it applies to this case; and means to prevent the tire scraps from scattering on the roadway, rather than temporarily correcting the problem. AMENDMENT BY VICE CHAIRPERSON L YZEN TO CHANGE THE MOTION FROM "IS IN VIOLATION OF SECTION 13-1. OF THE CODE OF WINTER SPRINGS" TO READ "IS IN VIOLATION OF SECTION 13-1. (LITTERING IN ROADWAY) OF THE CODE OF WINTER SPRINGS". AMENDMENT SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. VOTE (ON THE AMENDMENT): CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN : AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. VOTE (ON THE ORIGINAL MOTION): VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN : AYE MOTION CARRIED. There was discussion regarding the amount of time that Ms. Cook has been working with the Respondent to correct the problem; and what type of adjudication and fine the City is seeking in this case (AMENDED) RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 00-287 OF THE CITY OF WINTER SPRINGS, VINCENT CONTEST ABILE (ANDREW SCRAP TIRE) HAVING BEEN FOUND IN VIOLATION OF SECTION 13-1. (LITTERING IN ROADWAY) OF THE CODE OF THIS CITY, I MOVE THAT VINCENT CONTE STABILE BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE BY CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2000 PAGE 9 OF 10 REMOVING AND PREVENTING DEBRIS FROM APPEARING ON THE ROADWAY, A FINE OF $100.00 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. AMENDMENT BY BOARD MEMBER FURTH TO CHANGE THE MOTION FROM "IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE, A FINE OF $100.00 PER DAY WILL BE IMPOSED UNTIL COMPLIANCE IS ACHIEVED" TO READ "IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE BY REMOVING AND PREVENTING DEBRIS FROM APPEARING ON THE ROADWAY, A FINE OF $100.00 PER DAY WILL BE IMPOSED UNTIL COMPLIANCE IS ACHIEVED". AMENDMENT SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. Discussion ensued regarding the Respondent being absent; the amount of time needed to come into compliance; when notification was received; and the process of imposing a lien. VOTE (ON THE AMENDMENT): BOARD MEMBER FINNEGAN : NAY CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER GLICKMAN: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. VOTE (ON THE ORIGINAL MOTION): BOARD MEMBER HOLZMAN: AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER GLICKMAN : AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2000 PAGE 10 OF 10 III. DISCUSSION OF GENERAL ISSUES The Board discussed receiving updated editions of the City's Code of Ordinances. The Board requested copies of Ordinances that have been adopted since the last update of the Code of Ordinances. The Clerk advised that she would research the matter. Discussion continued regarding photographs being presented to the Board by using the audio/visual system in the Chambers; the Board being provided with minutes from previous meetings when they are hearing a "Repeat Violation" case; the Board being provided with a "Synopsis" of cases they have heard; legal representation; the City's new Code Enforcement Inspector; that the next Regular Meeting would be held on June 27, 2000 rather than June 20, 2000; the City's Arbor Ordinance; and invasive plant species. Ms. Cook was asked about a Code Enforcement Board cases that was currently in the appeal process; if "Older" properties are being sited for not complying with their Development Agreements; and if the City is closely monitoring new construction for compliance with the Code. IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 8:45 p.m. Minutes Respectfully Submitted by: Amy R. Lovingfoss, City Clerk's Office City of Winter Springs S :\City Clerk\Docs\ W ord\BOARDS\CODEENFO\ALLL\M INUTES\2000\minceb-051600.doc Attachment "A" COM P L A I N T FOR M TC. 0(/-;) 7 - Of) RECEIVED ME OF ALLEGED VIOLATION: g:'!)?d\\ ';;;1.~4'Y U 3 :~i.'lQQ L-I/? ~ C\TYOFWlNTERSPRINGS :A TI ON : 7,:) J-+\ Y II) SC Code EnfOfcement M:: OF VIOLATOR: UON AN~EZ.s $CK1.P:rrON ;'OF~.COMPLAiNT: ON 0 V -)7- C'D '~T A??I?D'I. g~ J~rplY\ 'I t'ES'?0Ni)t""U T\) dO'-( A IKERT sT IN fE/e/ceNfJ:iD A 01KL C;Jas.=;D Zy A l:~)L) Of{ ~VJD S T l.u/hI II/Ill/VIi;; I mE! cu/rfl ~nlr' C0t11.?JC1 \ NA'N7 :;j.)r AbV,)/:""D ;lei? :4'oGJJ&R (,--/Il.S k,dll}/N6 15E;1/'Yi) 'Y;.)a/L ~'l1-^/ ON ;lac. ZLye-)r; L\..)/It~/I/-r)/r' J1J<;IC/) ?j/ 0'3' 'PAVIf).57: jl /,c1i::.lf' Do G AAmc /;com TilL: f~;?'D A-ND (!If/SiT/) #c7c. LuE /J-riE>>J'PTEi) TO (hlllE' C7NT/lCr i() ITII/J)r 6loJNEft: A-T '-//S ]):;;'Y/\)SoT. 10..(./1 S /VtlT' dmE" k,)C- r:0VI>1A'/cC CoxltJt\ L.0i1-\\. 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