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HomeMy WebLinkAbout2001 03 20 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 20, 2001 I. CALL TO ORDER Madam Chairperson Joanne Krebs called the Regular Meeting to order at 7:00 p.m. on Tuesday, March 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 Chuck Holzman, present Board Member James B. Pitts, present Board Member Mervin Warner, present Also Present Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division New Board Member Mr. Mervin Warner was welcomed by Chairperson Krebs and the Board. Approval of the February 20, 2001 Regular Meeting Minutes "I MAKE A MOTION TO APPROVE THE FEBRUARY 20TH MINUTES." MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION. VICE CHAIRPERSON LURENE LYZEN STATED, "ON PAGE SEVEN (7), ON THE MOTION, THE SECOND PARAGRAPH OF THE MOTION THAT WAS MADE, IT DOES NOT HAVE WHO MADE THE MOTION." VICE CHAIRPERSON L YZEN ASKED THE CITY CLERK TO CHECK ON THIS. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 2 OF 14 VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FINNEGAN : AYE VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. II. REGULAR AGENDA Code Enforcement Manager Jimette Cook advised the Board that "Instead of telling you what we're not going to hear - I am going to tell you what you are going to hear. Just rest assured the rest of them are either in compliance or are being continued to the next month. We're going to hear CEB-OI-057; CEB-01-117 (Panama Circle); 01-137 (Third Street); 220 (East State Road 434); and 01-258 (South Fairfax)." The City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. .:..:. AGENDA NOTE: THE FOLLOWING CASE WAS DISCUSSED AS DOCUMENTED. .:. .:. G. Case #CEB-OI-057 314 Dornoch Court Carmine F. & Gisella Liardo Section 20-433. (Disabled Motor Vehicles) Ms. Cook introduced into evidence, "The 'Statement of Violation' and 'Notice of Hearing,' for this address which lies within the corporate boundaries of the City of Winter Springs. We do have proof of 'Notice' for Carmine and also for Gisella, the two (2) owners of the property. We're going to enter that into the record." Photographs of the property were shown to Mr. Liardo and to the Board. Discussion. Mr. Carmine Liardo: addressed the Board on this matter. Further brief discussion followed on the disabled motor vehicle in question, and another vehicle parked in the garage. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 3 OF 14 FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-057 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 AND MR. LIARDO AND BASED UPON THESE PROCEEDINGS, I MOVE THAT 314 DORNOCH COURT IS IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER FINNEGAN. SECONDED BY BOARD MEMBER L YZEN. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER PITTS: NAY BOARD MEMBER FURTH: AYE BOARD MEMBER FINNEGAN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN : NAY BOARD MEMBER WARNER: AYE MOTION CARRIED. AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-OI-057 OF THE CITY OF WINTER SPRINGS, MR. LIARDO HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF THIS CITY, I MOVE THAT - MR. LIARDO 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 $50.00 WILL BE IMPOSED, PER VIOLATION - PER DAY UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY THE OFFICER OF THE CITY. FURTHERMORE, ANY AND ALL FURTHER 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 MR. LIARDO 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 L YZEN. SECONDED BY BOARD MEMBER FINNEGAN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 4 OF 14 VOTE: BOARD MEMBER HOLZMAN: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FINNEGAN: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: NAY MOTION CARRIED. Board Member James Pitts asked Chairperson Krebs, "Would I be correct in assuming- if in fact that car comes into compliance and the other one comes out of the garage, and is in the driveway, that is another violation, or is it a violation of the same thing?" Madam Chairperson Krebs stated, "We said, 'per violation, per day.' Now, if the same violation occurs, does it matter what vehicle it is?" Ms. Cook explained, "It would if I had cited - that particular vehicle in the charging instrument; but in the charging instrument, the 'Notice' and 'Statement of Violation,' I said 'disabled vehicle,' so if another disabled vehicle appears, it would be in violation." .:..:. AGENDA NOTE: THE FOLLOWING CASE WAS DISCUSSED AS DOCUMENTED. .:. .:. R. Case #CEB-Ol-1l7 312 Panama Circle Michael A. & Mary C. Izzo . Section 20-432. (Commercial Vehicle) Ms. Cook asked, "Is anyone here to represent the owners? Let the record reflect that no one has shown up." Ms. Cook individually addressed a few visitors who were in the Chambers. Ms. Cook introduced into evidence, "The 'Statement of Violation' and 'Notice of Hearing,' to the owners Michael & Mary Izzo at 312 Panama Circle. Let the record indicate that we did receive 'Notice' - proof of 'Notice' by way of Certified mail, and we're going to enter that into the record; and this does lie within the corporate boundaries of the City of Winter Springs." Ms. Cook advised the Board on the details of this case. Brief discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 5 OF 14 FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-117 OF THE CITY OF WINTER SPRlfNGS, 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 AND BASED UPON THESE PROCEEDINGS, I MOVE THAT MR. AND MRS. IZZO OF 312 PANAMA CIRCLE IS IN VIOlLATION OF SECTION 20-432. OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER FINNEGAN. SECONDED. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER FINNEGAN: AYE CHAIRPERSON KREBS: AYI8: BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER HOLZMAN : AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-117 OF THE CITY OF WINTER SPRINGS, MICHAEL & MARY IZZO HAVING BEEN FOUND IN VIOLATION OF SECTION 20-432. [COMMERCIAL VEHICLE] OF THE CODE OF THIS CITY, I MOVE THAT - MICHAEL A. & MARY IZZO 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 THE OFFICER OF THE CITY. FURTHERMORE, ANY AND ALL FURTHER 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." MOTION BY BOARD MEMBER FURTH. SECONDED. DISCUSSION ENSUED ON COMMERCIAL VEHICLES AND DOORHANGERS. REGARDING THE DOORHANGERS, BOARD MEMBER PITTS ASKED, "DOES IT SPELL OUT WHAT THE CODE SAYS, AS IT RELATES TO THAT?" MS. COOK EXPLAINED, "IT'S NOT AN OFFICIAL NOTICE. WHAT IT IS- CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20,2001 PAGE 6 OF 14 IT'S A COURTESY NOTICE." BOARD MEMBER PITTS SUGGESTED, "WOULD IT NOT BE PRUDENT TO MAKE UP SOME FLYERS THAT HAVE THE SPECIFICS ON IT, AND ATTACH IT TO THAT, WHEN IT'S THAT KIND OF VIOLATION, SO THE GUY - OR GAL KNOWS WHAT THEY HAVE DONE?" VOTE: BOARD MEMBER HOLZMAN : AYE BOARD MEMBER FINNEGAl'l : AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER W ARNER: AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYlB: MOTION CARRIED. The issue of doorhangers was further discussed. Board Member Pitts asked, "Whether it would be possible, if there are going to be a lot of these commercial vehicle violations, if maybe an abbreviated flyer with the code specifics would be helpful?" Ms. Cook agreed that this was a good idea, and that something similar in non-legal wording had been done regarding the Arbor Ordinance. .:..:. AGENDA NOTE: THE FOLLOWING CASE WAS DISCUSSED AS DOCUMENTED. .:. .:. Y. Case #CEB-01-137 120 3rd Street Olive Assam Tenant: Amy Webster Section 20-411. & 20-432. (Trailer & Commercial Vehicle) Ms. Cook asked, "Is anyone here to represent 120 3rd Street?" Let the record reflect that no one is here." Ms. Cook introduced into the record, "The 'Statement of Violation' and 'Notice of Hearing,' for two (2) people, the owner being Olive Assam, and she did get her green card back to us. I did speak with her - the owner of the property. And also, the tenant was served 'Notice,' Amy Webster." Code Enforcement Manager Cook then said, "I also want to enter into the record, the 'Notice of Code Violations.'" Further, Ms. Cook stated, "We also want to state for the record that 120 3rd Street does lie within the corporate boundaries of the City of Winter Springs, and we do have jurisdiction." Photographic evidence was shown to the Members of the Board. Discussion ensued on this case. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 7 OF 14 Tape I/Side B Further discussion ensued on liens. Board Member Ken Furth inquired, "Why not put a lien on the property?" Board Member Furth then asked, "Why not personal property?" Ms. Cook stated that "I don't know;" and then stated, "I will find out." FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-137 OF THE CITY OF WINTER SPRJ[NGS, 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 OWNER, OLIVE ASSAM AND TENANT, AMY WEBSTER OF 120 3RD STREET - ARE IN VIOLATION OF SECTIONS 20-411. AND 20-432. 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. DISCUSSION. DISCUSSION ENSUED ON THE SECTIONS NOTED IN THE MOTION, AND IT WAS NOTED THAT THE MOTION SHOULD RELATE TO SECTION 20-432. BOARD MEMBER FINNEGAN STATED, "MADAM CHAIRMAN, MAY I AMEND MY MOTION?" MOTION BY BOARD MEMBER FINNEGAN. SECONDED. DISCUSSION. VOTE: (ON THE AMENDMENT) WITH CONSENSUS OF THE BOARD, THE AMENDMENT WAS AGREED TO BY THE BOARD. MOTION CARRIED. AMENDED FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-137 OF THE CITY OF WINTER SPRJ[NGS, 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 OWNER, OLIVE ASSAM AND TENANT, AMY WEBSTER OF 120 3RD STREET - ARE IN VIOLATION OF SECTION 20-432. 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. DISCUSSION. CITY OF WfNTER SPRINGS MfNUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 8 OF 14 VOTE: (ON THE MAIN MOTION) BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FINNEGAN : AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-137 OF THE CITY OF WINTER SPRINGS, OWNER, OLIVE ASSAM AND TENANT, AMY WEBSTER HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 20- 432. [TRAILER & COMMERCIAL VEHICLE] OF THE CODE OF THE CITY, I MOVE THAT - OWNER, OLIVE ASSAM AND TENANT, AMY WEBSTER 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 - 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." MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER HOLZMAN. DISCUSSION VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER FINNEGAN: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASE WAS DISCUSSED AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 9 OF 14 GG. Case #CEB-01-220 290 East State Road 434 Aggarwal Pension Trust Fund Section 6-4.,6-57. & SBCC 105.4. (Violation Of Building Codes Related To Freezer Unit) Ms. Cook stated, "I just want to ask if anyone is here to represent 290 East State Road 4347" Let the record reflect there isn't." Code Enforcement Manager Cook said, "I just want to enter into the record, - 'Statement of Violation' and 'Notice of Hearing' to the property owner and to the bakery which is the tenant in this case. We did receive green cards back from them, and we did have some conversation with both parties." Further comments and information on this case was presented by Ms. Cook to the Board; and photographs were shown. Discussion ensued on the case. Ms. Cook entered a Memorandum into the record, "From the Building Department, February 23rd." Further discussion ensued on safety and health concerns. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-220 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT JFILED 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 SEMINOLE BAKERY, INC. AND AGGARWAL PENSION TRUST FUND OF 290 EAST STATE ROAD 434 IS IN VIOLATION OF SECTION 6-4. [VIOLATION OF BUILDING CODES RELATED TO FREEZER UNIT] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER L YZEN. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 10 OF 14 VOTE: BOARD MEMBER HOLZMAN: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER WARNER:: AYE BOARD MEMBER FURTH: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FINNEGAi'J: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-220 OF THE CITY OF WINTER SPRINGS, SEMINOLE BAKERY AND AGGARWAL PENSION TRUST FUND HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-4. [VIOLATION OF BUILDING CODES RELATED TO FREEZER UNIT] OF THE CODE OF THIS CITY, I MOVE THAT THE SEMINOLE BAKERY AND AGGARWAL - PENSION TRUST FUND 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 ONE HUNDRED DOLLARS ($100.00) 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." MOTION BY BOARD MEMBER HOLZMAN. SECONDED. DISCUSSION ENSUED ON THE FINE. BOARD MEMBER HOLZMAN STATED, "I'LL AMEND THE MOTION TO READ TWO HUNDRED DOLLARS ($200.00) PER DAY." MOTION BY BOARD MEMBER HOLZMAN. SECONDED BY BOARD MEMBER LYZEN. DICSCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER FURTH: AYE BOARD MEMBER HOLZMAN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 11 OF 14 AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-220 OF THE CITY OF WINTER SPRINGS, SEMINOLE BAKERY AND AGGARWAL PENSION TRUST FUND HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-4. [VIOLATION OF BUILDING CODES RELATED TO FREEZER UNIT] OF THE CODE OF THIS CITY, I MOVE THAT THE SEMINOLE BAKERY AND AGGARWAL .. PENSION TRUST FUND 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 TWO HUNDRED DOLLARS ($200.00) 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." MOTION BY BOARD MEMBER HOLZMAN. SECONDED. DISCUSSION. VOTE: (ON THE MAIN MOTION) BOARD MEMBER FINNEGAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE VICE CHAIRPERSON L YZEN: AYE BOARD MEMBER HOLZMAN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. A brief recess was called by Chairperson Krebs at 8:08 p.m. The Meeting was called back to order at 8:09 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING CASE WAS DISCUSSED AS DOCUMENTED. .:. .:. LL. Case #CEB-01-258 91 South Fairfax Avenue Christine M. Hernandez Section 13-1. & 13-2. (Public Nuisance & Trash & Debris) Code Enforcement Manager Cook stated that this property "Does lie within the corporate boundaries of the City of Winter Springs." Ms. Cook then entered into the record "A 'Statement of Violation' and 'Notice of Hearings' that were sent to the certified owner." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 12 OF 14 Next, Code Enforcement Manager Cook advised the Board that also being entered into the record was "The returned - letter. We're also going to enter into the record, because Florida Statutes makes a provision for us to allow us to take an alternate - 'Notice,' and that would be posting the property at the site, posting in the lobby, and also sending First Class mail, and we're going to enter into the record, an 'Affidavit of Posting' that swears or affirms that I personally posted the property." Ms. Cook asked, "Let me ask if anyone here represents 91 South Fairfax?" Ms. Cook then stated, "No. Did anybody here want to talk about it? No." Photographic evidence and information on this case was presented by Ms. Cook to the Board. Ms. Cook explained that "I'm going to have to dismiss the trash and debris, because there is not any more trash and debris." Code Enforcement Manager Cook further advised the Board that with their directive, the City would try to secure the building, with the approval of Counsel. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-258 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 CHRISTINE M. HERNANDEZ ET AL OF 91 SOUTH FAIRFAX AVENUE IS IN VIOLATION OF - SECTION 13-1. [PUBLIC NUISANCE & TRASH & DEBRIS] OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER FINNEGAN. SECONDED. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 13 OF ]4 AMENDED RELIEF ORDER - ORDER OF THE BOARD: "CHRISTINE M. HERNANDEZ HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 13-1., THIS BOARD REQUESTS THE CITY TO ABATE THE PUBLIC NUISANCE BY SECURING THE PREMISES AS REQUIRED." MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARDMEMBERPITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER HOLZMAN : AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER FINNEGAN: AYE MOTION CARRIED. III. DISCUSSION OF GENERAL ISSUES Board Member Pitts stated, "I would really like someone, whether it be Ms. Cook, or whoever, to look into that area of discussion we had, as it relates to the tenant, or the owners, and how the violation should in fact be directed." Board Member Further added, "And whether you can make a lien on personal property." The suggestion on the doorhangers was also again addressed, In regards to the Commercial Vehicles Ordinance. Board Member Paul Finnegan then stated, "Our City Clerk Andrea is coming up for her annual review - to the City Manager, and of course the Commission ultimately, and I ask of this Board, under your penmanship, offer a letter on how - extremely well she has done with the Code Enforcement Board, and her duties." Mr. Finnegan further stated, "I would appreciate that if I could ask the Board to go along with that." Madam Chairperson Krebs stated, "I have no problem doing something like that." Board Member Finnegan then said, "Thank you." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 20, 2001 PAGE 14 OF 14 IV. ADJOURNMENT Chairperson Krebs adjourned the meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: ~~ DEBBIE GILLESPIE DEPUTY CITY CLERK NOTE: These Minutes were approved at the fffl^l 17, ,2001 Code Enforcement Board Meeting.