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HomeMy WebLinkAbout2000 07 18 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 18,2000 I. CALL TO ORDER Chairperson Joanne Krebs called the meeting to order at 7:02 p.m. on Tuesday, July 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 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 JUDe 27, 2000 Regular Meeting Minutes Chairperson Krebs noted the following typographical error in the June 27, 2000 Meeting Minutes: Page 6 of 15, second to the last paragraph, third sentence, the word "were" should be replaced with "where". Chairperson Krebs asked for a "Motion to approve the Regular Meeting Minutes." MOTION BY BOARD MEMBER PITTS. "MADAM CHAIR, AS AMMENDED I RECOMMEND THE ACCEPTANCE OF THE MINUTES OF THE JUNE 27TH MEETING AS WRITTEN. SECONDED. 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 BOARD MEMBER HOLZMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18,2000 PAGE 2 OF 11 II. REGULAR AGENDA Chairperson Joanne Krebs discussed consulting with the City Clerk in reference to the Code Enforcement Board Election of Officers and past election dates; the City Charter; and the Board Members deciding when to hold the Election of Officers. MOTION BY BOARD MEMBER FINNEGAN. "I MAKE A MOTION THAT WE HOLD THE ANNUAL ELECTIONS THIS EVENING FOR THE POSITIONS OF CHAIR AND VICE CHAIR." SECONDED. 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. Ms. C. Jimette Cook, Code Enforcement Manager, informed the Board that they would hear only one (1) case at this meeting and explained that most cases scheduled for this meeting had come into compliance or were not noticed and the reasons why; and that Case Number CEB-00-693 (Agenda Item QQ.) would be the only case discussed. Ms. Cook noted that there was no one in attendance to give testimony on behalf of the property owner. The following cases would not be heard at this meeting: A. Case Number CEB-OO-196 300 State Road 434 (Village Market) Aggarwal Pension Trust Fund Section 13-2. (Trash, Debris And Retention Pond) B. Case Number CEB-00-238 207 Cypress Court Isabel Wales Section 20-433. (Disabled Motor Vehicle) C. Case Number CEB-00-367 618 Pearl Road Carlos C. And Gladys O. Rivera Section 13-2. (Junk) D. Case Number CEB-OO-386 33 Jackson Circle Mark H. And Sabrina D. Beasely Section 20-411. (Boat And Trailer) E. Case Number CEB-OO-403 61 South Fairfax Avenue Richard D. James Section 20-433. (Disabled Motor Vehicle) F. Case Number CEB-00-432 209 Banyan Court Phillip A. And Cher C. Corbitt Section 20-411. (Trailer) G. Case Number CEB-00-450 341 Riunite Circle Alvin S. II And Kristen L. Potts Section 20-432. (Commercial Vehicle) H. Case Number CEB-OO-466 646 Pearl Road Elmus G. And Martha J. Black Section 20-433. (Disabled Motor Vehicle) I. Case Number CEB-OO-476 46 Fairfax Avenue Julio E. Ortiz Section 20-433. (Disabled Motor Vehicle) J. Case Number CEB-00-478 206 Birch Terrace Thomas D. Magee Tenant: Gregory Fiore Section 9-374. (No House Numbers) K. Case Number CEB-00-481 311 Birch Terrace Nancy J. Stastny Section 6-195. (Fence in Disrepair) 1.. Case Number CEB-00-492 1601 Little Sparrow Court Monica And Kenneth M. Smith Section 6-46. (No Building Permit - Fence) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18.2000 PAGE 3 OF 11 M. Case Number CEB-00-502 1111 Duncan Drive Vidal And Elbanile Herrera Tenant: Lisa Talbert Section 6-46. (No Building Permit - Fence) N. Case Number CEB-00-508 206 Shore Road Jeffrey And Leticia Ortiz Section 6-195. (Fence in Disrepair) O. Case Number CEB-00-509 100 Sherry Avenue Erik M. Anderson And Stephen S. Oakley Section 6-46. (No Building Permit - Fence) P. Case Number CEB-00-510 898 Stirling Drive David A. Heath Section 6-46. (No Building Permit - Fence) Q. Case Number CEB-00-511 355 San Rafael Court Kimberly K. Garrison Section 20-433. (Disabled Motor Vehicle) R. Case Number CEB-00-537 1211 Wolverine Trail Robert M. And Dorothy W. Poole Section 6-46. (No Building Permit - Fence) S. Case Number CEB-00-547 201 Mockingbird Lane Karl P. Helmhagen Section 6-46. (No Building Permit - Fence) T. Case Number CEB-00-548 301 South Edgemon Avenue Steven W. And Michelle D. Sandvik Section 6-46. (No Building Permit - Fence) U. Case Number CEB-00-550 301 South Edgemon Avenue Steven W. And Michelle D. Sandvik Section 9-374. (No House Numbers) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18,2000 PAGE40F 11 V. Case Number CEB-00-552 233 Morton Lane Elnora Moncrief Section 20-433. (Disabled Motor Vehicle) W. Case Number CEB-00-554 715 Sailfish Road Louis E. And Martha M. Hernandez Section 20-432. (Commercial Vehicle) X. Case Number CEB-00-558 715 Sailfish Road Louis E. And Martha M. Hernandez Section 9-374. (No House Numbers) Y. Case Number CEB-00-560 1019 Antelope Trail Albert And Betty J. Dupre Section 20-411. (Trailer) Z. Case Number CEB-00-561 1117 Oscelot Trail John D. And Mary E. Tipton Section 6-195. (Fence in Disrepair) AA. Case Number CEB-00-562 1013 Forest Circle North Michael I. And Catherine Koukouras Section 6-195. (Fence in Disrepair) BB. Case Number CEB-OO-563 1013 Forest Circle North Michael I. And Catherine Koukouras Section 9-374. (No House Numbers) Cc. Case Number CEB-00-565 825 State Road 434 (Top Banana Produce) Ned V oska Chapter 16. (Unpermitted Signs) DD. Case Number CEB-00-566 504 David Street Merna L. C. Ava Tenant: Melony Wood Section 20-432. (Commercial Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18,2000 PAGE 5 OF II CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2000 PAGE60F II EE. Case Number CEB-00-569 218 Albert Street Joseph O. Landers And Tina M. Landers Section 9-374. (No House Numbers) FF. Case Number CEB-00-570 505 Spoonbill Court Victoria R. Servidone SeCtion 16-53. (No Sign Permit) GG. Case Number CEB-00-572 612 Pearl Road Mary Reed Section 6-46. (No Building Permit - Fence) HH. Case Number CEB-00-575 108 Elderwood Street Michael J. And Heather J. Holden Section 6-46. (No Building Permit - Conversion) II. Case Number CEB-00-577 180-186 Lori Anne Lane Wyman Fields Foundation Inc. Section 13-2. (Storage Of Trash, Debris, Furniture, Appliance And Brush) JJ. Case Number CEB-00-579 161-167 Garden Drive Rulon D. And Jacquelin K. Munns C/O Bogin Munns And Munns Section 6-195. (Fence in disrepair) KK. Case Number CEB-00-580 191-197 Garden Drive Edgar And Clemencia Lopez Section 6-195. (Fence in disrepair) LL. Case Number CEB-00-585 200 Birch Terrace Scott Marshall Section 20-433. (Disabled Motor Vehicle) MM. Case Number CEB-OO-590 107 Holiday Lane Richard And Deanna Rebello Section 6-46. (No Building Permit - Fence) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18,2000 PAGE70F1l NN. Case Number CEB-OO-591 106 Mockingbird Lane Jay H. Smith Section 6-46. (No Building Permit - Fence) 00. Case Number CEB-00-593 207 Bitterwood Street Darik Layman And Deborah L. Bloise Section 20-411. (R V) PP. Case Number CEB-00-597 213 Almaden Court Sylvia E. Estill Section 13-2. (Untended Grass and Weeds) The Clerk swore in Ms. C. Jimette Cook, Code Enforcement Manager, who would be providing testimony during the presentation of this meeting's case. QQ. Case Number CEB-00-693 Orange A venue Chanh Q. And Ngan N. Nguyen Section 13-2. (Overgrown Lot) Ms. Cook briefly explained the history of the case and discussed the location of the property; that the property contains a borrow pit; and that the property was recently annexed into the City. Chairperson Krebs called a two-minute recess so that Code Enforcement Manager Cook could speak to Mr. Ngan N Nguyen, who had just arrived at the meeting. Chairperson Krebs called the meeting back to order. The Clerk swore in Mr. Ngan N Nguyen who would be providing testimony during the presentation of this meeting's case. Continuing with the presentation of this case, Ms. Cook entered into the record the Statement of Violation and Notice of Hearing and noted, "I also want to state for the record that the property does lie within the political boundaries of Winter Springs, and so it is within our jurisdiction to require that this property be brought into compliance." As part of Code Enforcement Manager Cook's presentation, photographs were distributed to the Board Members for their review and discussion. Using the photographs as a point of reference, the following items were discussed: the overgrown mulch pile; overgrown weeds; the Code as it relates to undeveloped property; maintenance; and the portions of the property maintained by Seminole County and the City. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18,2000 PAGE80FII Additional photographs were entered into the record and discussion continued regarding: the work that has been completed on the side of the property near Orange Avenue; additional time to correct the violation; the timeframe in which this condition has existed; the undeveloped lot; the borrow pit; requirements for "natural state" lots; mowing requirements; the Code as it relates to undeveloped property; maintenance of the fence line; the size of the property; the County line that abuts the property; prior Code Enforcement Board cases related to this property; Section 13-2. ( c) of the Code; safety issues; wildlife; the portion of the property which is being asked to be maintained; pedestrian walkway; identification of the private property line; and the inability to obtain a survey. Ngan N Nguyen, 4409 Steed Avenue, Winter Park, Florida: Identified for the Board the areas that have been cleared on the property; and spoke regarding the location of the City and County limits. Further discussion ensued related to the photographs entered into the record; and if the respondent, Ngan N. Nguyen, disagreed with anything presented in this hearing. Following a brief discussion, Mr. Nyguyen stated: "I need to talk to somebody to really understand what it is here, before I do anything. Because I haven't developed anything, its undeveloped land, it's just sitting there." Board Member Finnegan stated for Mr. Nguyen the following: "To clarify, what I am understanding, what the City is asking for is to mow, cut down, clear, the overgrowth on the fence line, or your property line in that area. Just to clear that out, or mow it down, or hack it down. Not to do anything else, not to replant." Following additional discussion regarding what is being asked of the respondent, Ms Cook stated: "The City would not be opposed to giving Mr. Nguyen two (2) or three (3) weeks to mow the property, be glad to meet him on the site and walk it off with him. With a date certain of three (3) weeks time and after that time if it's not done, a fine would be imposed. That way we wouldn't have to drag him all the way back up here. If that is agreeable to the Board, and agreeable to Mr. Nguyen." Discussion ensued regarding the property not being a "developed lot"; the related Ordinance passed by the Commission that does not differentiate between developed and undeveloped properties; safety concerns; that the property was annexed into the City last year; previous County requirements prior to annexation; and a possible continuance of this case. (AMENDED) FINDING OF FACT: MOTION BY BOARD MEMBER FINNEGAN. "IN THE CASE OF CEB-00-693 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 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 18,2000 PAGE 9 OF II SWORN TESTIMONY OF THE CODE INSPECTOR, AND MR. NGAN NGUYEN, PARTIES INVOL VED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE THAT THE INFORMATION AND TESTIMONY PRESENTED AT THIS MEETING IS INCOMPLETE OR OTHERWISE INSUFFICIENT TO RENDER A RULING AT THIS TIME, AND THAT THIS MATTER BE CONTINUED TO THE NEXT REGULAR MEETING, TO THE THIRTEENTH OF AUGUST, OR TO A SPECIAL MEETING WHEN ADDITIONAL INFORMATION IS AVAILABLE, ON A FUTURE DATE TO BE EST ABLISHED BY THE CHAIRMAN, AS PER SECTION 2-60 OF THE CODE OF THE CITY OF WINTER SPRINGS." SECONDED. DISCUSSION. BOARD MEMBER FINNEGAN ADDED THE FOLLOWING TO HIS MOTION FOR INFORMATIONAL PURPOSES ONLY: "TO FURTHER MY MOTION AS INFORMATIONAL PURPOSES, MS. COOK HERE HAS DONE AN EXCELLENT JOB OF DOING THIS. I SEE OUR CITY, NOW THAT WE ARE FULLY MANNED, GOING INTO OTHER AREAS THAT WE DID NOT HAVE THE TIME ALLOCATION AND THE RESOURCES TO DO. TO FURTHER THE APPEARANCE AND SAFETY OF THIS CITY - I AM SURE WE WILL SEE MORE AND MORE CASES LIKE THIS. TO FURTHER THAT, I THINK MR. NGUYEN IS UNDERSTANDING THAT HE IS IN THE CITY NOW, WHERE HE WASN'T FOR THE PREVIOUS TEN YEARS, THAT IS A DIFFERENT RESPONSIBILITY LEVEL. I WOULD HOPE AS WE ARE CONTINUING THIS CASE MR. NGUYEN WOULD TAKE IT UPON HIMSELF OR WITH HIS MANAGER TO CONFER WITH MS. COOK OF THE CITY TO FIND OUT EXACTLY WHAT WOULD BRING THIS PROPERTY INTO COMPLIANCE AS WE SEE IT, AND AT THAT TIME I'M SURE OUR CITIZENSHIPS - PEOPLE OF OUR CITY WOULD BE HAPPY TO DO THAT. THAT'S WHY I AM ASKING FOR THIS." VOTE: BOARD MEMBER HOLZMAN: 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. Chairperson Krebs confirmed for Mr. Nguyen that this case has been continued until the next Regular Meeting and verified with the respondent that he fully understood what was being asked of him. Ms. Cook stated she would meet with the respondent to discuss the order and the timeframe granted for compliance. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18,2000 PAGE [0 OF II Discussion ensued regarding the Code Enforcement Division and this case; the difficulty in enforcing codes; considering possible alternatives; and the voluntary compliance of codes. Ms. Cook asked if the Board would schedule a Special Hearing for an illegal land clearing that the Code Enforcement Manager would like to present to the Board as soon as possible. Following confirmation that there would be a quorum, the Board agreed to a Special Hearing to be held on Tuesday, July 25, 2000. Chairperson Krebs sought clarification on a case that was continued from the June 27, 2000 Regular Meeting and Ms. Cook stated that the respondent had come into compliance after this meeting's Agenda had been printed. Board Member Pitts requested that the attending Police Officer extend to Captain Kevin Brunelle, Operations/Road Patrol, a "Thank You" for complying with the Board's request of having an officer present during the Code Enforcement Board Meetings. Chairperson Krebs requested two items to be included in this meeting's minutes that were omitted from the verbatim portion of the June 27, 2000 Code Enforcement Board Meeting Minutes. Chairperson Krebs stated: "One of the most important things that I think we spoke of was Lurene was excused of her absences during that period of time she was unable to attend our meetings." Ms. Cook restated for Chairperson Krebs the second item to be included in the minutes as the following: "You authorized the Code Enforcement Division to be able to post a property in lieu of.... (As this statement motivated further discussion, this statement was not completed.) Discussion continued on the posting of properties; the posting of properties being brought up yearly; and the City Clerk as the contact for absences. III. DISCUSSION OF GENERAL ISSUES MOTION BY BOARD MEMBER FINNEGAN. "MADAM CHAIRMAN, I WOULD LIKE TO MAKE A NOMINATION FOR CHAIRMAN OF THIS COMMITTEE FOR THE 2000 AND 2001 CODE ENFORCEMENT BOARD. I NOMINATE JOANNE KREBS." SECONDED BY VICE CHAIRPERSON L YZEN. Chairperson Krebs accepted the nomination. THE BOARD MEMBERS UNANIMOUSLY VOTED TO RE-ELECT MS. JOANNE KREBS AS THE CODE ENFORCEMENT BOARD CHAIRPERSON. MOTION BY BOARD MEMBER GLICKMAN. "I WOULD LIKE TO NOMINATE LURENE LYZEN AS ASSISTANT CHAIRPERSON." SECONDED BY BOARD MEMBER FINNEGAN. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18,2000 PAGE 11 OF II Vice Chairperson Lyzen accepted the nomination. THE BOARD MEMBERS UNANIMOUSL Y VOTED TO RE-ELECT MS. LURENE LYZEN AS THE CODE ENFORCEMENT BOARD VICE CHAIRPERSON. Board Member Finnegan briefly discussed the status of a parcel of property adjacent to the City currently outside the City's jurisdiction. The property has recently been "clear cut" and is currently under review for annexation into the City. Discussion continued on the "intent of the landowners"; and Board Member Finnegan noted his hesitation of annexing this cleared property into the City. Discussion ensued regarding land clearing; a possible meeting with County Code Enforcement Board counterparts; conflicts with the County; County decisions; arranging a meeting with The Seminole County Code Enforcement Board Members; abutting lands; and meeting with the appropriate County Officials. Regarding the discussion in reference to a meeting with surrounding municipalities, Ms. Tania Haas, Deputy City Clerk noted she would inform Ms. Andrea Lorenzo-Luaces, City Clerk of the Board's request. IV. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 8:00 p.m. Minutes Respectfully Submitted by: Tania Haas, Deputy City Clerk City of Winter Springs s: \Ci tyClerk\Does\ W ord\BOA RDS\CO D EENFO\ALLL \M IN UTES\2000\mineeb-071800.doe