HomeMy WebLinkAbout2001 02 20 Code Enforcement Board Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING
FEBRUARY 20,2001
I. CALL TO ORDER
Madam Chairperson Joanne Krebs called the meeting to order at 7:00 p.m. on Tuesday,
February 20, 2001, 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 Paul Finnegan, present
Board Member Ken Furth, present
Board Member Mel Glickman, present
Board Member Chuck Holzman, present
Board Member James B. Pitts, absent
Also Present
Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division
Approval of the November 21, 2000 Regular Meeting Minutes
Chairperson Krebs asked about "The approval of the November 21 sl Minutes."
"SO MOVED." MOTION BY BOARD MEMBER L YZEN. SECONDED.
DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MINUTES WERE
APPROVED.
MOTION CARRIED.
II. REGULAR AGENDA
Ms. C. Jimette Cook, Code Enforcement Manager, introduced Ms. Cathy Davidson, the
City's new Code Enforcement Officer.
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20. 2001
PAGE 2 OF 11
Code Enforcement Manager Cook stated that regarding the Agenda, the following
Agenda Item would be continued until next month:
D. Case #CEB-01-003
220 Oak Road
Gregory J. & Renea L. Hamilton
Section 6-46. (No Building Permit - Roof)
Ms. Cook then advised the Board that the following Agenda Item is being continued:
Q. Case #CEB-01-128
111 Lori Anne Lane
leri 1. & Peggy J. Houston & Matthew D. Houston
Chapter 13 (Public Nuisance)
Ms. Cook also stated that the following Agenda Items are all in compliance:
A. Case #CEB-00-881
Behind Badcock Plaza
Aggarwal Pension Trust Fund
Section 6-84. (Storage Units Installed)
B. Case #CEB-00-1230
319 Hayes Road
Priscila B. Buencamino
Tenant: David Carter Bailey
Chapter 5 (Removal Of Trees Without A Permit)
C. Case #CEB-00-1259
780 East State Road 434 (Eckerd Drugs)
Eckerd Corporation
Chapter 5 (Dead Trees Due To Construction)
F. Case #CEB-01-008
1236 Cheetah Trail
Maureen A. Simmons Trustee FBO
Tenant: Mark A. Simmons
Section 20-411. (Boat And Trailer)
G. Case #CEB-01-009
1040 Winter Springs Boulevard
Robert J. & Marilyn R. Schubach
Section 20-432. (Commercial Trailer)
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGE 3 OF 11
I. Case #CEB-01-016
161 Lori Anne Lane
Joseph G. Deas
Tenant: Loukas Prekas
Section 101.6 (Minimum Housing Standards)
L. Case #CEB-01-046
South Moss Apartments
Andreas Nicolaou
Section 20-411. (DisabledlUnlicensed Camper)
M. Case #CEB-01-066
944 Torrey Pine Drive
D.R. Horton, Inc.
Section 9-181.(a) (Storing Roof Tiles And Other Material On Undeveloped Lot)
N. Case #CEB-01-096
101 Albert Street
Gilda M. Gundler
Section 13-2. (Littering - Brush)
O. Case #CEB-01-097
101 Albert Street
Gilda M. Gundler
Chapter 5 (Removal Of Tree Without A Permit)
P. Case #CEB-01-100
206 Morton Lane
Robert K. Jr. & Valerie G. Sommerville
Chapter 5 (Removal Of Trees Without A Permit)
.:..:. AGENDA NOTE: THE FOLLOWING CASE WAS DISCUSSED AS
DOCUMENTED. .:. .:.
E. Case #CEB-01-005
Undeveloped Parcel On Shepard Road
Dittmer Properties, Inc.
Chapter 5 (Removal Of Trees Without A Permit)
Ms. Cook introduced into evidence, "The Statement of Violation and Notice of Hearing,
and also Certification of Delivery to Dittmer Properties, Inc., the owner of the property."
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20. 2001
PAGE40F11
Discussion on this case ensued. Ms. Cook explained to the Board, "I am going to ask for
you to - issue a Findings of Fact and find them in non-compliance." Ms. Cook added, "I
am asking for you to make a judgement and levy a fine."
Photographs of the property were shown to those in attendance.
The City Clerk swore in those persons who may be providing testimony during the
presentation of tonight's cases.
Mr. Dana Callan, 110 North Sunset Drive, Casselberry, Florida: addressed the Board
and spoke of fire hazards, and improving the area. Mr. Callen showed photographs to the
board.
Discussion ensued on problems on this property; the number of trees that were cut down;
the caliper of the trees in question; fencing; various portions of the property; being
"friendly neighbors;" and replacing the cut trees.
FINDING OF FACT:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-005 OF THE
CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS
READ THE COMPLAINT FILED AND THE INFORMATION PREPARED BY
THE CODE INSPECTOR, AND HEARD AT THIS MEETING, THE SWORN
TESTIMONY OF THE CODE INSPECTOR AND THE OTHER PARTIES
INVOLVED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE
THAT DITTMER PROPERTIES, INC., ARE IN VIOLATION OF CHAPTER 5
[REMOVAL OF TREES WITHOUT A 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. DISCUSSION.
VOTE:
VICE CHAIRPERSON L YZEN : AYE
BOARD MEMBER FINNEGAN : AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER GLICKMAN: AYE
BOARD MEMBER HOLZMAN : AYE
CHAIRPERSON KREBS: AYE
MOTION CARRIED.
Tape IISide B
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGE 5 OF 11
AMENDED RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-005 OF THE
CITY OF WINTER SPRINGS - DITTMER PROPERTIES, INC. HAVING BEEN
FOUND TO BE IN VIOLATION OF - CHAPTER 5 [REMOVAL OF TREES
WITHOUT A PERMIT] THE CODE OF THIS CITY. I MOVE THAT DITTMER
PROPERTIES, INC., BE GIVEN SIXTY (60) DAYS AFTER NOTIFICATION TO
COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF
COMPLIANCE IS NOT ACHIEVED BY THAT DATE - THE REPLACEMENT
OF FIFTEEN (15) TREES AT A COST OF $85.00 - IF COMPLIANCE IS NOT
ACHIEVED BY THAT DATE, A FINE OF $250.00 - PER DAY - WILL BE
IMPOSED UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY AN
OFFICER OF THE CITY. FURTHERMORE, ANY AND ALL FUTURE
REOCCURRENCES 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 DANA CALLEN REPRESENTING DITTMER
PROPERTIES, INC. - 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 BOARD MEMBER GLICKMAN.
SECONDED BY BOARD MEMBER L YZEN. DISCUSSION.
VOTE:
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER HOLZMAN : AYE
BOARD MEMBER GLICKMAN: AYE
BOARD MEMBER FINNEGAN : AYE
CHAIRPERSON KREBS: AYE
MOTION CARRIED.
Mr. Callen asked that this matter be further discussed. Chairperson Krebs asked if
anyone objected to Mr. Callen again addressing the Board. Code Enforcement Manager
Cook stated, "The City objects." Mr. Callen continued to speak to the Board from his
seat in the audience. Chairperson Krebs then stated, "I understand, but - now you are out
of order, and I am going to ask you, please, to either refrain or leave."
.:. .:. AGENDA NOTE: THE FOLLOWING CASE WAS NEXT DISCUSSED AS
FOLLOWS. .:. .:.
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGE60Fl1
H. Case #CEB-OI-012
645 Shady Lane
Jorge L. & Cynthia L. Sanchez
Chapter 5 (Removal Of Tree Without Permit)
The City Clerk swore in those persons who may be providing testimony during the
presentation of tonight's cases.
Ms. Cook introduced this case to the Board, and photographs of the property were shown.
Code Enforcement Manager Cook stated, "Let the record indicate that Mr. Sanchez did
agree that was the picture of the outside of the stump, but he did note that we didn't take
a picture of the inside of the stump." Ms. Cook further explained how the tree was
removed before the City arrived; that no application had been obtained; and the fine.
Code Enforcement Manager Cook advised the Board that "What we are asking for is a
finding of non-compliance again, and the recommendation would be an "after the fact"
Permit Fee, which is $25.00 for residential. "After the fact" is an additional $25.00."
Mr. George Sanchez, 645 Shady Lane, Winter Springs, Florida: spoke of the tree being
dead after a tornado hit three (3)years ago; and that he did not get a permit to remove the
tree.
Ms. Cynthia Sanchez, 645 Shady Lane, Winter Springs, Florida: briefly addressed the
Board.
Further discussion ensued on whether the tree was dead or not; that a permit was to be
pulled; corrective pruning as a possibility; and that Mr. and Mrs. Sanchez did not follow
procedures.
AMENDED FINDING OF FACT:
"IN THE CASE OF CEB 01-012 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 MR. AND MRS. SANCHEZ. BASED UPON THESE
FINDINGS, I MOVE THAT JORGE L. AND CYNTHIA L. SANCHEZ OF 645
SHADY LANE ARE IN VIOLATION OF - CHAPTER 5 ["REMOVAL OF TREE
WITHOUT A 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 FURTH. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGE 7 OF 11
VOTE:
BOARD MEMBER FINNEGAN : AYE
BOARD MEMBER HOLZMAN : AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER GLICKMAN : AYE
VICE CHAIRPERSON L YZEN : AYE
CHAIRPERSON KREBS: AYE
MOTION CARRIED.
Discussion on trees; permitting; and replacement trees.
AMENDED RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-012 OF THE
CITY OF WINTER SPRINGS, THE OWNERS JORGE L. AND CYNTHIA L.
SANCHEZ HAVING BEEN FOUND IN VIOLATION OF - CHAPTER 5
[REMOVAL OF TREE WITHOUT A PERMIT] OF THE CODE - OF THIS CITY.
I MOVE THAT THE OWNERS JORGE L. AND CYNTHIA L. SANCHEZ BE
GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO PAY A $50.00 FINE
FOR AFTER THE FACT PERMITTING, TO THE CITY OF WINTER SPRINGS,
AND IF THAT IS NOT DONE WITHIN THIRTY (30) DAYS, A FINE OF $50.00
PER DAY WILL BE INVOLVED UNTIL COMPLIANCE IS ACHIEVED, AS
VERIFIED BY AN OFFICER OF THE CITY. FURTHERMORE, ANY AND ALL
FUTURE REOCCURRENCES 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. JORGE L. AND CYNTHIA L. SANCHEZ ARE
PRESENT AND HAVE HEARD THE ORDER OF THIS BOARD, I FURTHER
MOVE THAT NOTIFICATION HAS BEEN GIVEN AS OF THIS MEETING."
MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER
GLICKMAN. DISCUSSION.
VOTE:
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER FURTH: AYE
CHAIRPERSON KREBS: NAY
BOARD MEMBER FINNEGAN: NAY
BOARD MEMBER GLICKMAN: AYE
BOARD MEMBER HOLZMAN : AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGE 8 OF 11
.:..:. AGENDA NOTE: THE FOLLOWING TWO (2) CASES WERE
DISCUSSED TOGETHER. THEN A FINDING OF FACT AND A RELIEF
ORDER WERE ISSUED FOR EACH CASE, ON A CASE BY CASE BASIS. .:. .:.
J. Case #CEB-OI-044
South Moss Apartments
Andreas Nicolaou
Section 13-2. (Trash & Debris Around Dumpster And Lot Beside Parking Lot;
Storage Of Disabled Motorcycle Parts And Storage Of Automobile Parts At 219
South Moss Road)
K. Case #CEB-OI-045
South Moss Apartments
Andreas Nicolaou
Section 6-195. (Fence In Disrepair)
Ms. Cook stated, "We're going to introduce into evidence, again a 'Statement of
Violation and Notice of Hearing' for 01-044 and 01-045 with the green card approved
with notification. Let the record indicate that there is no one at this Meeting to represent
the property owner."
Code Enforcement Manager Cook informed the Board of the violations and problems
associated with this property. Photographs were shown to Members of the Board, and
were authenticated by Ms. Cook. Brief discussion.
Tape 2/Side A
J. Case #CEB-OI-044
South Moss Apartments
Andreas Nicolaou
Section 13-2. (Trash & Debris Around Dumpster And Lot Beside Parking Lot;
Storage Of Disabled Motorcycle Parts And Storage Of Automobile Parts At 219
South Moss Road)
AMENDED FINDING OF FACT:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-OI-044 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 ANDREAS NICHOLAOU OF SOUTH
MOSS APARTMENTS IS IN VIOLATION OF - SECTION 13-2. [TRASH &
DEBRIS AROUND DUMPSTER AND LOT BESIDE P ARKlNG LOT; STORAGE
OF DISABLED MOTORCYCLE PARTS AND STORAGE OF AUTOMOBILE
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGE90F 11
PARTS AT 219 SOUTH MOSS ROAD] - OF THE CODE OF THE CITY OF
WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE
ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER LYZEN.
SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION.
VOTE:
BOARD MEMBER HOLZMAN : AYE
BOARD MEMBER FURTH: AYE
BOARD MEMBER FINNEGAN : AYE
CHAIRPERSON KREBS: AYE
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER GLICKMAN : AYE
MOTION CARRIED.
RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-OI-044 OF
THE CITY OF WINTER SPRINGS AND ANDREAS NICHOLAOU HAVING
BEEN FOUND IN VIOLATION OF SECTION 13-2. [TRASH & DEBRIS
AROUND DUMPSTER AND LOT BESIDE PARKING LOT; STORAGE OF
DISABLED MOTORCYCLE PARTS AND STORAGE OF AUTOMOBILE
PARTS AT 219 SOUTH MOSS ROAD] OF THE CODE OF THE CITY. I MOVE
THAT - ANDREAS NICHOLAOU BE GIVEN THIRTY (30) DAYS AFTER
NOTIFICATION TO COME INTO COMPLIANCE WITH REGARD TO THIS
VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THIS DATE, A FINE
OF $250.00 WILL BE IMPOSED PER DAY, UNTIL COMPLIANCE IS
ACHIEVED, AS VERIFIED BY THE CITY INSPECTOR. FURTHERMORE,
ANY AND ALL FURTHER RECURRENCES OF THIS VIOLATION AFTER
COMPLIANCE HAS BEEN ACHIEVED WILL IMMEDIATELY CAUSE THE
ST A TED FINE TO BE IMPOSED UNTIL COMPLIANCE IS AGAIN ACHIEVED
AS VERIFIED BY - AN OFFICER OF THE CITY." MOTION BY BOARD
MEMBER FINNEGAN. SECONDED. DISCUSSION.
VOTE:
BOARD MEMBER FURTH: AYE
BOARD MEMBER HOLZMAN : AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER FINNEGAN : AYE
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER GLICKMAN : AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGEI00Fll
K. Case #CEB-OI-045
South Moss Apartments
Andreas Nicolaou
Section 6-195. (Fence In Disrepair)
AMENDED FINDING OF FACT:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-045 OF THE
CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS
READ THE COMPLAINTS 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 THE OWNER OF THE SOUTH MOSS
APARTMENTS, ANDREAS NICHOLAOU OF 219 SOUTH MOSS ROAD IS IN
VIOLATION OF SECTION 6-195. INDICATING 'FENCE IN DISREPAIR' 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. DISCUSSION.
VOTE:
VICE CHAIRPERSON L YZEN : AYE
BOARD MEMBERGLICKMAN: AYE
BOARD MEMBER HOLZMAN: AYE
BOARD MEMBER FURTH: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER FINNEGAN : AYE
MOTION CARRIED.
RELIEF ORDER - ORDER OF THE BOARD:
"IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-OI-045 OF
THE CITY OF WINTER SPRINGS, ANDREAS NICHOLAOU HAVING BEEN
FOUND IN VIOLATION OF SECTION 6-195. [FENCE IN DISREPAIR] OF THE
CODE OF THIS CITY, I MOVE THAT - ANDREAS NICHOLAOU BE GIVEN
THIRTY (30) DAYS AFTER NOTIFICATION TO COME INTO COMPLIANCE
WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT
ACHIEVED BY THIS DATE, A FINE OF $250.00 PER DAY WILL BE IMPOSED
UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY THE OFFICER OF
THE CITY. FURTHERMORE, ANY AND ALL FURTHER OCCURRENCES OF
THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL
IMMEDIATELY CAUSE THE ST A TED FINE TO BE IMPOSED UNTIL
COMPLIANCE IS AGAIN ACHIEVED AS VERIFIED BY - AN OFFICER OF
THE CITY." MOTION BY BOARD MEMBER FINNEGAN. SECONDED.
DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - FEBRUARY 20, 2001
PAGE 11 OF 11
VOTE:
BOARD MEMBER FURTH: AYE
CHAIRPERSON KREBS: AYE
VICE CHAIRPERSON LYZEN: AYE
BOARD MEMBER HOLZMAN: AYE
BOARD MEMBER GLICKMAN: AYE
BOARD MEMBER FINNEGAN : AYE
MOTION CARRIED.
III. DISCUSSION OF GENERAL ISSUES
As this was Board Member Glickman's last Code Enforcement Board Meeting before
moving out of the City, members of the Board wished him good luck and thanked him for
his service to the City.
IV. ADJOURNMENT
Chairperson Krebs adjourned the meeting at 8:43 p.m.
NOTE: Thesc Minutes were approved at the ~ o.rc h 7 (')
,2001 Code Enforcement Board Meeting.
DOCSlboards/codeenfo/aIll/minutes/200 1/02200 I.doc