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HomeMy WebLinkAbout2001 07 17 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17,2001 I. CALL TO ORDER Madam Chairperson Joanne Krebs called the Regular Meeting to order at 7:05 p.m. on July 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 Ken Furth, present Board Member Chuck Holzman, present Board Member James B. Pitts, present Board Member Greg Thompson, present Board Member Mervin Warner, present Also Present Mr. Charles Carrington, AICP, Community Development Department Director Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division Mr. Dennis Franklin, Building Official II. CONSENT CONSENT A. Approval of the June 19, 2001 Regular Meeting Minutes. MOTION BY BOARD MEMBER PITTS. "I MOVE THAT WE APPROVE THE MINUTES OF JUNE 19TH MEETING." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER HOLZMAN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17,200 I PAGE20F6 The Deputy City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. Code Enforcement Division Manager Jimette Cook advised the Board that "On your Agenda everything is in compliance with the exception of CEB-O 1-811." REGULAR J. CASE #CEB-01-811. 627 Sailfish Road Section 9-241. (c) (Finished Floor Elevation Does Not Meet City Code Requirement) Owners: Howard W. & Libby A. Baity John Laudani (Builder) Ms. Cook stated that the property, 627 Sailfish Road, lies within the corporate boundaries of the City of Winter Springs. She entered into the record, "The 'Statement of Violation" and "Notice of Hearing," along with the certified mail receipt that was sent and stated "I don't have the green card back but let the record reflect the three (3) respondents are here this evening, so obviously they got the notice." Ms. Cook passed out a packet of materials; spoke of the proposed site plan submitted by the contractor, which she entered into the record; reviewed the City's elevation requirements; referred to documents and presented the Case to the Board. Mr. Vince C. Marshall; 135 Fox Ridge Run, Longwood, Florida: spoke about being a former Building Inspector for the City of Winter Springs and which licenses he holds. Mr. Marshall informed the Board of his conversations with Mr. John Laudani. The Board asked questions of Mr. Marshall, which he answered. Ms. Cook asked Mr. Marshall if he thought "That Mr. Laudani understood when you explained to him what he needed - each step of the game, in another words when you go to get your framing you are going to need a floor elevation shot. Do you think he understood that?" Mr. Marshall replied, "I believe he understood. This being his first house that he built, asking just to be eighteen inches (18") above base flood. You can contact any survey company to do the survey to get your base flood. I believe he understood at that point. We had several conversations on that at the very first frame when it was rejected on that I informed him of what he needed to do and at that point it could have been a mistake on the survey company - everyone seems to make mistakes so he had it redone. He had it redone and it was still to low." Ms. Cook asked for "A Finding that the violation is irreparable and irreversible; a Finding that the house is in violation and the builder did commit a violation by building it too low; and if - you find those two (2) things then we are looking for a punitive fine or sanction against the builder." Discussion. Ms. Libby A. Baity, 627 Sailfish Road, Winter Springs, Florida: addressed the Board concerning this matter. Ms. Baity entered into the record a document filed with Seminole CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17.2001 PAGE 3 OF 6 Ms. Libby A. Baity, 627 Sailfish Road, Winter Springs, Florida: addressed the Board concerning this matter. Ms. Baity entered into the record a document filed with Seminole County and a letter holding the City of Winter Springs harmless from any flood damage that might be caused by the elevation of the property. Discussion. Mr. John Laudani, 1393 Santiago Court, Winter Springs, Florida: As the builder of the house located at 627 Sailfish Road, he discussed this matter and explained "It was my error I admit it. I should have - I took the word of the gentleman that back hoed my property saying I was plenty high as I was higher than the guy next door to me and I was already flooding them out. It was going in their garage. I put a whole system in, a whole water system in so that wouldn't happen. Does that sound like somebody with maliciousness would do these things. " Discussion. Tape I/Side 2 Mr. Dennis Franklin, Building Official, addressed the Board regarding when elevation certificates are submitted to the City; and his recollection was "That we let the job continue with the understanding that he [Mr. Laudani] would go and get a Variance and I believe it was - the understanding was pretty similar to the Board of Adjustment's finding because it was built. There was no turning back so to speak at that particular point." Further discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-811 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE MANAGER, 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 JOHN LAUD ANI AND HOWARD W. BAITY AND LIBBY A. BAITY OF 625 SAILFISH ROAD ARE IN VIOLATION OF SECTION 9-241 (C) [FINISHED FLOOR ELEVATION] OF THE CODE OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER FURTH. SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17,2001 PAGE40F6 VICE CHAIRPERSON LYZEN ASKED, "WHAT ADDRESS DID YOU GIVE? DID YOU GIVE 625." BOARD MEMBER FURTH REPLIED, "627?" VICE CHAIRPERSON LYZEN FURTHER STATED "627 - I WANT TO AMEND THAT TO 627 THEN." SECONDED. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER 01-811. OF THE CITY OF WINTER SPRINGS HAVING FOUND - JOHN LAUDANI, BUILDER AND OWNERS, HOWARD W. BAITY AND LIBBY A. BAITY, TO BE IN VIOLATION OF THIS CODE. THE CODE ENFORCEMENT BOARD DOES FINE THEM $1.00 TO BE PAID WITHIN THIRTY (30) DAYS OF THIS MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. AMENDMENT BY VICE CHAIRPERSON L YZEN. "WE CAN ADD THE FOLLOWING: SINCE THEY ARE HERE - PRESENT, AND HEARD THE ORDER OF THE BOARD, FURTHER MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AS OF THIS MEETING." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: (ON THE ADMENDMENT) BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17,2001 PAGE 5 OF 6 VOTE: (ON THE MAIN MOTION) BOARD MEMBER HOLZMAN : AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. Board Member Furth spoke of the City needing to address the issue of pad elevation when established neighbors may be vulnerable to flooding by the runoff from new homes. Mr. Franklin responded, "It is an issue that the Engineering Department would typically respond to - I would be very happy to relay that to them." IV. FUTURE AGENDA ITEMS None. v. REPORTS Ms. Cook requested that the Board make a Motion to allow the Code Enforcement Officers to post properties. MOTION BY VICE CHAIRPERSON LYZEN. "I SO MOVE." SECONDED DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER HOLZMAN : AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. Chairperson Krebs stated, "Ever year we need to officially designate in the Minutes that when a person from the Board is going to be absent that they should call a representative of the City Clerk's Office and that's a legal way to record their absences." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17,2001 PAGE 6 OF 6 MOTION BY BOARD MEMBER FURTH. "SO MOVED." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. Chairperson Krebs asked new Board Member Greg Thompson to introduce himself, which he did. The Deputy City Clerk, Debbie Gillespie spoke about Elections being held next month, and that Board Member Holzman's last Meeting was tonight. The Board thanked Board Member Holzman for his service and wished him well. Additionally, Members of the Code Enforcement Board welcomed Ms. Vivian Gould, Code Enforcement Secretary. VI. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 8:34 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK docs\word\boards\codeenfo\alll\minutes\200 1 \07 I 70 1 regular.doc NOTE: These Minutes were approved at the ,2001 Code Enforcement Board Meeting.