Loading...
HomeMy WebLinkAbout2001 08 21 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 21, 2001 I. CALL TO ORDER Madam Chairperson Joanne Krebs called the Regular Meeting to order at 7:03 p.m. on August 21, 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 James B. Pitts, present Board Member Greg Thompson, present Board Member Mervin Warner, present With consensus of the Board, it was decided that Regular "A" would be placed at the end of the Regular Agenda. II. CONSENT CONSENT A. Approval of the July 17,2001 Regular Meeting Minutes. Chairperson Krebs read the title of Consent "A." MOTION BY BOARD MEMBER PITTS. "SO MOVED." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: VICE CHAIRPERSON L YZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 200 I PAGE20F9 III. REGULAR AGENDA The Deputy City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. Code Enforcement Division Manager C. Jimette Cook advised the Board that "We are going to hear CEB-OI-811., on my Agenda it's 'B'. We're going to hear on my Agenda 'L' - CEB- 01-841., 130 East Bahama, which is Debris. We're going to hear CEB-01-881., 202 South Moss Road, 'Q', that's right. And that's all that we are going to hear this evening and you do have a Motion before you as well, a Motion for Re-Hearing." Chairperson Krebs spoke of the following requests she made to the City Commission: for a Special Meeting of the Board to review documents pertaining to this issue; that the Board have their own legal representation at tonight's Meeting; and that all Board Members receive an information packet regarding the Motion to Re-Hear. REGULAR A. Complaint Number CEB-01-811. 627 Sailfish Road John Laudani (Builder) Owners: Howard W. & Libby A. Baity Section 9-241. (c) (Finished Floor Elevation Does Not Meet City Code Requirement) City Attorney, Anthony A. Garganese introduced himself to the Board; spoke of the City Commission's directive to Re-Hear this case; spoke of the City Commission's position regarding the imposed fine; and requested that the Board grant the Motion to Re-hear. Discussion. Attorney Garganese said, "Florida Law requires that this Board consider three (3) factors when imposing a fine. The gravity of the violation: whether the Violator took any action to correct the violation and the prior violations of the Violator that is being brought before you. The issue of whether the City may be of fault in some respects of this case is irrelevant with respect to imposing the fine because you've already found that the person violated the Code. " Attorney Garganese further stated, "The issue that I want to stress tonight is, did the Violator take any action to correct the violation after he was put on notice by the City that he was in violation of the Code. And I believe the previous record is clear that he did not take any actions to correct the violation. Also with respect to the Variance, the Variance is the Homeowner's remedy. The Homeowner who had the home built by this builder is now stuck with a home that does not meet City Code. The Homeowner's remedy, as the property owner is to seek a Variance, it's not the violator who has that remedy. So I don't think that is an CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2001 PAGE30F9 issue this evening. So again, I respectfully request that you Re-Hear the issue of the fine and apply the three (3) factors and hear the City's case. Thank you." Chairperson Krebs asked, "Do I have a Motion to Re-Hear?" MOTION BY BOARD MEMBER PITTS. "SO MOVED." SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER FURTH: NAY VICE CHAIRPERSON L YZEN: AYE MOTION CARRIED. Attorney Garganese spoke of flooding elevations and submitted a memo from a next door neighbor regarding her land being flooded. He further spoke about the purpose of the Code Enforcement Board; and that due to the gravity of the violation a larger fine is indicated. The Board, Attorney Garganese and Code Enforcement Division Manager Cook continued their discussion in a question and answer format. Mr. Dennis Franklin, Building Official addressed the Board regarding the Temporary Certificate of Occupancy. The Board and Staff continued their discussion. Chairperson Krebs requested the City Attorney define "Public Policy". Attorney Garganese replied, "Very esoterically. Public Policy is the direction I think that the City leaders want to go and the City leaders in this case are the City Commission and the Mayor. They set Policy for the City. The direction that we all need to go and in this case the direction they set was a flood elevation minimum requirement of this - and that's the Policy, the Public Policy. There are a lot of pros and, probably there are some cons to setting a minimum flood elevation of what we have set but that is Public Policy. Its leadership, its direction from the top in this case." Discussion. Mr. John Laudani, 1393 Santiago Court, Winter Springs, Florida: addressed the Board regarding this issue. Tape l/Side B CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2001 PAGE 4 OF 9 Discussion. MOTION BY BOARD MEMBER PITTS. "I MOVE THAT WE CONTINUE WITH THE ORIGINAL FINE AS COMMITTED IN THE LAST GENERAL MEETING OF THIS BOARD." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: VICE CHAIRPERSON L YZEN: NAY CHAIRPERSON KREBS: NAY BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. The Board discussed Chairperson Kreb's request for legal representation. Chairperson Krebs recessed the Meeting at 8:08 p.m. City Attorney Anthony Garganese departed at 8:08 p.m. Chairperson Krebs called the Meeting back to order at 8:13 p.m. REGULAR L. CASE #CEB-01-841. 130 East Bahama Road King J. & Sindy Smith Section 13-2. (Debris) Ms. Cook explained that the property lies within the corporate boundaries of the City. She introduced for the record, "The 'Statement of Violation' and 'Notice of Hearing"'; and asked if anyone representing the owner was present. There was no one present. M. Cook further introduced into the record a letter of complaint from a neighbor and photographs of the home being discussed. Ms. Cook spoke of the past complaints; and requested that the owners be found "Not in Compliance." Discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-841 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 200 I PAGE50F9 PREPARED BY THE CODE INSPECTOR AND HER MANAGER, AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE MANAGER. BASED UPON THESE PROCEEDINGS, I MOVE THAT KING J. AND SINDY SMITH OF 130 EAST BAHAMA ROAD IS IN VIOLATION OF SECTION 13-2. [DEBRIS] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY VICE CHAIRPERSON L YZEN. SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON L YZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-841 OF THE CITY OF WINTER SPRINGS, KING J. AND SINDY SMITH HAVING BEEN FOUND IN VIOLATION OF SECTION 13-2. [DEBRIS] OF THE CODE OF THIS CITY. I MOVE THAT KING J. AND SINDY SMITH BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO COME IN COMPLIANCE WITH REGARDS TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE A FINE OF $25.00 PER DA Y WILL BE IMPOSED UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY AN OFFICER OF THE CITY. FURTHERMORE ANY AND ALL FUTURE OCCURRENCES 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 VICE CHAIRPERSON LYZEN. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON L YZEN: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2001 PAGE60F9 REGULAR Q. CASE #CEB-01-881. 202 South Moss Road Douglas J. Barnes Section 13-2. (Trash, Debris, Untended Grass, And Weeds) Ms. Cook explained that the property lies within the corporate boundaries of the City; introduced for the record, "the 'Statement of Violation' and 'Notice of Hearing'; and asked if anyone was present representing the owner. No one was present. Further entered into the record were photographs and a Memorandum from the City of Winter Springs Police Department. Ms. Cook spoke of the debris found in the backyard; the accessibility to the yard; the renter vacating the property; and the interior condition of the home. The Board discussed their concern for the safety of the Public with open access to the backyard, and whether the home was habitual. Discussion. Tape 2/Side A FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-881 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 DOUGLAS J. BARNES OF 202 SOUTH MOSS ROAD IS IN VIOLATION OF SECTION 13-2. [TRASH, DEBRIS UNATTENDED GRASS, AND WEEDS] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND THAT AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE VICE CHAIRPERSON L YZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2001 PAGE70F9 RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-Ol-881 OF THE CITY OF WINTER SPRINGS, DOUGLAS J. BARNES HAVING BEEN FOUND IN VIOLATION OF SECTION 13-2. [TRASH, DEBRIS UNATTENDED GRASS, AND WEEDS] OF THE CODE OF THE CITY. I MOVE THAT DOUGLAS J. BARNES BE GIVEN FOURTEEN (14) DAYS FROM THIS DATE TO COME IN TO 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 TO INCLUDE TRASH, AND DEBRIS PICKED UP, ALL GRASS AND WEEDS CUT, AND THE INTERIOR OF THE HOUSE BROUGHT UP TO MINIMUM HABITABLE HOUSING STANDARDS AS VERIFIED BY AN OFFICER OF THE CITY. FURTHERMORE ANY AND ALL FUTURE REOCCURRENCE 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. IF IN ADDITION COMPLIANCE IS NOT ACHIEVED AFTER THE FOURTEEN (14) DAYS THE CITY CAN TAKE LEGAL ACTION TO ENTER THE HOUSE AND TO MAKE THE HOUSE COMPLIANT WITH CITY STANDARDS AT THE OWNERS EXPENSE AND ACCORDING TO LEGAL COUNSEL." MOTION BY BOARD MEMBER FURTH. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. The Board acknowledged receiving a letter sent by a Code Violator; and discussed a vote in the July 17,2001 "Draft" Minutes which was included in a City Commission Agenda Item. REGULAR B. Election Of Officers. MOTION BY BOARD MEMBER PITTS. "I MOVE THAT WE CONTINUE WITH THE SAME SLATE AS WE CURRENTLY HAVE." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2001 PAGE80F9 III. FUTURE AGENDA ITEMS Chairperson Krebs stated, "Can we have a Workshop? We have two (2) real new Board Members, we have Mervin, fairly new and I think that maybe - the other one we have never met - it would be helpful." Ms. Cook informed the Board of the presence of Mr. Greg Roero and Chairperson Krebs welcomed him. Mr. Roero was asked to introduce himself, which he did. The Board continued their discussion regarding organizing a Workshop. Board Member James Pitts stated, "Of particular interest I think especially after tonight I would like to have a session with the City Manager. Because evidently it's the City Manager who brought this case back to the Commission. He didn't like the $1.00 fine. So I would like to get his views on some of this stuff. I really would." Chairperson Krebs said, "If you want I could go to the Commission and ask that we set up or I could call Ron McLemore up and ask him to set up something for us and we would like to meet with - right or even internally. We could even take some of the notes that we have from before to go over." Ms. Cook suggested, "Maybe we could have a representative from each of the Departments as well as Ron coming in and talking about your issues but have somebody from the different Departments so you get an idea of - who does what." Chairperson Krebs then said "Also if it's possible I don't know if we could have two Commissioners but it is possible if we have one (1) Commissioner at least or somebody from the Commission to represent the Commissioners and bring back what they hear from us. It is hard to get everybody together, I know that but there are issues. Sometimes legal counsel is an issue and sometimes it might be something else and I think - they would themselves benefit by hearing from us personally what we have to say, why we either do fine, and if we aren't doing it right then please by all means let us know. Knowledge is power." Discussion ensued regarding possible date for the Workshop. Ms. Cook suggested "How would coming early to a Code Board Meeting and staying later - we already set aside that Tuesday, that third Tuesday. I'm not saying next month but maybe in October." Chairperson Krebs said, "Why don't we tentatively agree that next meeting coming up which will be the 18th. Let's look, if it it's a problem call and we can postpone it to the next month." Ms. Cook stated "Let us look and see." Ms. Krebs further stated, "Look and see. If it's not a conflict - I would even like a representative from the Commission too. I want them to hear what we have to say so that they could go back to the Commission and talk about it. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 2 I, 200 I PAGE 9 OF 9 Ms. Cook asked, "May be one (1) hour with City Staff people and one (1) hour of instructional?" "Yes, that's good." replied Chairperson Krebs. V. REPORTS No Reports were given. VI. ADJOURNMENT MOTION BY BOARD MEMBER PITTS. "I MOVE FOR ADJOURNMENT." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. WITH CONSENSUS THE BOARD APPROVED THE MOTION. MOTION CARRIED. Chairperson Krebs adjourned the Meeting at 9: 11 p.m. RESPECTFULLY SUBMITTED: ._~~~~ DEBBIE GILLESPIE ' DEPUTY CITY CLERK Docs\ Word\BOARDS\CODEENFO\ALLL\MINUTES\200 I \0821 0 1 REGULAR.doc NOTE: These Minutes were approved at the ~..n'lk / ?( , 2001 Code Enforcement Board Meeting.