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Home My WebLink About2001 04 17 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 17,2001 I. CALL TO ORDER Madam Chairperson Joanne Krebs called the Regular Meeting to order at 7:05 p.m. on Tuesday, April 17, 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 Wamer, present Also Present Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division Approval of the February 20, 2001 Regular Meeting Minutes "I MAKE A MOTION TO ACCEPT THE MINUTES AS PRESENTED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. II. REGULAR AGENDA Code Enforcement Manager Jimette Cook introduced Mr. Jeff Buak of Brown, Ward, Salzman & Weiss, P.A. Ms. Cook informed the Board that Mr. Buak was there to observe the meeting's procedure and was not there as Council for anyone. The Deputy City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 17,2001 PAGE 2 OF 5 Ms. Cook advised the Board that "All cases on the Agenda are in compliance except for CEB-01-190." .:..:. AGENDA NOTE: THE FOLLOWING CASE W AS DISCUSSED AS DOCUMENTED. .:. .:. G. Case #CEB-01-190 998 Papaya Lane Kelly Thompson & John Bush & Kay Bush Section 6-46. (No Building Permit - Shed) Ms. Cook introduced for the record, "The 'Statement of Violation' and 'Notice of Hearing,' for Shed Erected Without A Permit at 998 Papaya Lane which lies within the corporate boundaries of the City of Winter Springs. We have three (3) notices that were sent out. One to Kelly Thomas, John Bush, and Kay Bush. The green cards were not received back and neither were the letters. Then, I would like to enter into the record, the processor's worksheet showing that it was hand delivered to a person identifying themselves as the owner of the property at 998 Papaya Lane by Cathy Davidson. I'm going to enter that into the record." Chairperson Krebs stated, Just a quick correction, you said Kelly Thomas but I believe her name is Kelly Thompson." Ms. Cook said "Thompson, I am sorry, Thompson, thank you very much." Ms. Cook informed the Board as to how the violation came to the City's attention and the process requesting the owners to come into compliance. Photographs of the property were shown to the Board. Discussion. Mr. Greg Thompson addressed the Board and submitted his own photograph. Board Member Pitts asked "Can I interject something first? Personally, is your shed in - not in compliance with City Code, as you know it? Is it within, less than 7 1/2 feet or 7 feet?" Mr. Thompson replied, "Yes sir. Yes sir it is." Board Member Pitts asked, "So you know that it is not in compliance. You have known that for about two months?" Mr. Thompson stated, "Well to be honest with you Sir, when I came back and applied for the permit and I brought the paper work and the drawings with me that day, I asked Ms. Cook what is the distance from the property line and she told me at the time she didn't know and that it was different in Oak Forrest and she'd have to find that out. And tonight is the first time I'm hearing 7 Y2 foot from the property line." Board Member Pitts stated, "But you knew you were not in compliance for the last sixty (60) days. Correct?" "Mr. Thompson stated, "I know as of tonight I'm not within 7 Y2 foot, yes Sir." Board Member Pitts stated "Forget the 7 Y2 foot, you knew you were not in compliance with the Code for the last sixty (60) days?" Mr. Thompson replied, "For a setback - setback, no sir." Ms. Cook asked, "You knew you didn't have a permit, right?" Mr. Thompson CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2001 PAGE30F5 replied, "I knew I did not have a permit." Ms. Cook said "When you are being charged for not having a permit, right?" Mr. Thompson replied, "Yes that's what this is about?" Ms. Cook asked, "So you knew for sixty (60) days you didn't have a permit?" "Yes and I did try to apply for one." replied Mr. Thompson. Discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-190 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 AND OTHER PARTIES INVOLVED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE THAT KELLY THOMPSON AND JOHN BUSH AND KAY BUSH OF 998 PAPAYA LANE ARE IN VIOLATION OF SECTION 6-46. [NO BUILDING PERMIT - SHED] OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VICE CHAIRPERSON LYZEN REQUESTED THAT THE TERM "CODE ENFORCEMENT MANAGER" BE USED IN PLACE OF "CODE INSPECTOR". BOARD MEMBER PITTS SAID, "WE'LL CHANGE THAT FROM 'INFORMATION PREPARED BY THE CODE ENFORCEMENT MANAGER'." AMENDED FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-190 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE ENFORCEMENT MANGER, AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE ENFORCEMENT MANAGER AND OTHER PARTIES INVOLVED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE THAT KELLY THOMPSON AND JOHN BUSH AND KAY BUSH OF 998 PAPAYA LANE ARE IN VIOLATION OF SECTION 6-46. [NO BUILDING PERMIT - SHED] OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL 17,2001 PAGE 4 OF 5 VOTE: VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER FINNEGAN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER HOLZMAN : NAY MOTION CARRIED. Discussion. Tape I/Side B RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-190 OF THE CITY OF WINTER SPRINGS, KELLY THOMPSON AND JOHN BUSH AND KAY BUSH HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-46. [NO BUILDING PERMIT - SHED] OF THE CODE OF THE CITY, I MOVE THAT KELLY THOMPSON, JOHN BUSH AND KAY BUSH BE GIVEN SIXTY (60) 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. SINCE KELLY THOMPSON IS PRESENT AND HAS HEARD THE ORDER OF THIS BOARD I FURTHER MOVE THAT THE NOTIFICATION HAS BEEN GIVEN AT THIS MEETING." MOTION BY BOARD MEMBER FURTH. SECONDED BY CHAIRPERSON L YZEN. DISCUSSION. MOTION TO AMEND THE MOTION BY BOARD MEMBER PITTS. "I MOVE THAT WE AMEND THE MOTION TO CHANGE THE FINE FROM $25.00 A DAY TO $50.00 A DAY. AFTER THE SIXTY (60) DAY GRACE PERIOD IF YOU WILL." SECONDED BY CHAIRPERSON L YZEN. DISCUSSION. VOTE (ON THE AMENDMENT): BOARD MEMBER HOLZMAN : NAY VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: NAY BOARD MEMBER FURTH: NAY BOARD MEMBER WARNER: AYE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL ]7,2001 PAGE50F5 BOARD MEMBER FINNEGAN : NAY BOARD MEMBER PITTS: AYE MOTION DID NOT CARRY. VOTE (ON THE MOTION): BOARD MEMBER FINNEGAN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER HOLZMAN : AYE BOARDMEMBERFURTH: AYE VICE CHAIRPERSON L YZEN : NAY MOTION CARRIED. Discussion. III. DISCUSSION OF GENERAL ISSUES Chairperson Krebs read a letter that she sent at the request of the Board in support of Ms. Andrea Lorenzo-Luaces, City Clerk; and a letter from Ms. Lorenzo-Luaces thanking the Board for their support. IV. ADJOURNMENT Chairperson Krebs adjourned the meeting at 8:08 p.m. RESPECTFULLY SUBMITTED: l~~..4f OJ DEBBIE GILLESPIE ~ DEPUTY CITY CLERK NOTE: These Minutes were approved at the June /91 ,2001 Code Enforcement Board Meeting. Docs\Word\BOARDS\CODEENFO\ALLL\MINUTES\2001 \041701 REGULAR.doc