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HomeMy WebLinkAbout2001 09 18 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 18, 2001 I. CALL TO ORDER Madam Chairperson Joanne Krebs called the Regular Meeting to order at 7:01 p.m. on Tuesday, September 18, 2001, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). 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 Roero, present Board Member Greg Thompson, present Board Member Mervin Warner, present The Pledge of Allegiance followed. Chairperson Krebs recessed the Meeting at 7:03 p.m. The Meeting was called back to order by Chairperson Krebs at 7:10 p.m. II. CONSENT CONSENT A. Approval of the August 21, 2001 Regular Meeting Minutes. Chairperson Krebs read the title of Consent Agenda Item "A." "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18,2001 PAGE20F7 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 "This evening we are going to hear CEB-01-744, which is 335 Riunite Circle and we're going to hear CEB-01-932, Shore Road, and we're going to hear CEB-01-965 which is 209-219 Moss Road." REGULAR A. CASE #CEB-01-744. 335 Riunite Circle Errnelinda Rolon Section 20-433. (Disabled Motor Vehicle) 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 distributed information pertaining to the Complaint. Ms. Cook presented the case to the Board and asked if anyone representing the owner was present. No one in the audience stated that they were present regarding this matter. Discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-744 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND WRITTEN INFORMATION PREPARED BY THE CODE MANAGER AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE MANAGER. BASED UPON THESE PROCEEDINGS, I MOVE THAT ERMELINDA ROLON OF 335 RIUNITE CIRCLE IS IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] 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 WARNER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18,2001 PAGE 3 OF 7 VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARDMEMBERPITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-744 OF THE CITY OF WINTER SPRINGS, ERMELINDA ROLON HAVING BEEN FOUND IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE] OF THE CODE OF THE CITY. I MOVE THAT ERMELINDA ROLON 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 $50.00 WILL BE IMPOSED PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY AN OFFICER OF THE CITY. FURTHERMORE, ANY AND ALL FUTURE RECURRENCES 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 AND OFFICER OF THE CITY." MOTION BY VICE CHAIRPERSON L YZEN. BOARD MEMBER WARNER ASKED, "IS THAT $50.00 PER DAY?" BOARD MEMBER LYZEN REPLIED, "YES, PER VIOLATION, PER DAY." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. DISCUSSION ENSUED REGARDING WHETHER "ANY AND ALL FUTURE RECURRENCES OF THIS VIOLATION AFTER COMPLIANCE" SHOULD BE IN THE MOTION. DISCUSSION. CHAIRPERSON KREBS ASKED, "IF SOMEBODY WILL MAKE AN AMENDED MOTION, IF WE WANT - WITH PULLING OUT ANY FURTHER- TAKE THAT OUT, DON'T EVEN SAY THAT PART. IT'S JUST FIFTY (50) DOLLARS A DAY UNTIL COMPLIANCE IS MET." AMENDMENT BY VICE CHAIRPERSON LYZEN. "I'LL SO MOVE. WE'LL DO AWAY WITH THE FURTHER AND ANY ALL FUTURE REOCCURRENCES OF THIS VIOLATION. WE WON'T PUT THAT IN. THAT WILL BE THE AMENDMENT." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18, 2001 PAGE40F7 VOTE: (ON THE AMENDMENT) BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION) VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR G. CASE #CEB-01-932. 202 Shore Road Robyn & Richard L. Cress Section 20-411. (Boat) Ms. Cook introduced for the record, the "Statement of Violation" and "Notice of Hearing"; informed the Board that the property lies within the boundaries of the City of Winter Springs and spoke of the property owners receiving notification. Mr. Cress was in attendance. Ms. Cook then presented this case to the Board. Mr. Richard Cress, 202 Shore Road, Winter Springs, Florida: addressed the Board regarding this matter and requested a two (2) week extension to move the boat. Brief discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-932 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED WITH THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE INSPECTOR. BASED ON THESE PROCEEDINGS, I MOVE THAT ROBYN & RICHARD L. CRESS OF 202 SHORE ROAD ARE IN VIOLATION OF SECTION 20-411. [BOAT] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18,2001 PAGE 5 OF 7 RELIEF ORDER IS ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER THOMPSON. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CODE ENFORCEMENT BOARD NUMBER CEB-01-932 OF THE CITY OF WINTER SPRINGS, ROBYN & RICHARD CRESS HAVING BEEN FOUND IN VIOLATION OF SECTION 20-411. [BOAT] OF THE CODE OF THE CITY, I MOVE THAT ROBYN & RICHARD CRESS BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO COME TO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE A FINE OF $25.00 WILL BE IMPOSED PER DAY UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY AN OFFICER OF THE CITY. SINCE RICHARD CRESS 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 THOMPSON. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18,2001 PAGE60F7 REGULAR K. CASE #CEB-01-965. 209-219 Moss Road Charles R. Warner ET AL c/o Theodoros & Polly Lyssiotis Section 6-81. (Minimum Housing Standards) Ms. Cook explained that the property lies within the corporate boundaries of the City; introduced for the record, "The 'Notice of Violation' and 'Statement of Hearing'" from the August Hearing; stated that the Owner of record is Charles Warner; and informed the Board that the case was continued from last month. Ms. Cook stated, "That for this month's Hearing, Mr. Warner c/o Theodoros and Polly Lyssiotis did not accept notice. We got certified mail and we tried to send it; I have an affidavit of post and we posted the property." Ms. Cook further spoke of "Multiple violations of minimum housing standards" and of having met with the representatives. Ms. Cook said "The apartments are not something that our residents need to pay $525.00 a month for and the City has to step in and make sure the residents have a safe and clean place to live." Ms. Yarda Dawkins, 209 South Moss Road, Winter Springs, Florida: addressed the Board regarding numerous problems with her apartment. Tape lISide B Discussion ensued regarding health and safety; subpoenas; calling an emergency Meeting; and continuing the case. Mr. Herbert Bouey, 213 South Moss Road, Winter Springs, Florida: submitted photographs to the Board Members and described numerous problems in his apartment. The Board discussed possible structural damage; and safety issues. Mr. Bouey again addressed the Board. Discussion. Chairperson Krebs said, "Maybe you could talk to the City Manger about possibly providing counsel to us regarding what we can, what we can't do, how much we can do. This is really something. I mean we've got somebody - plus if we're going to send that message out that they, that they meaning the Commission - wants everybody to know we're a special City. Lets do it right." Discussion. MOTION BY BOARD MEMBER THOMPSON. "I MOTION THAT WE CONTINUE THIS CASE UNTIL - FURTHER NOTICE OF AN EMERGENCY MEETING IS ASKED FOR." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 18, 2001 PAGE 7 OF 7 VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. Chairperson Krebs requested the following for the Special Meeting: that the facts of the case be prepared "Almost be verbatim" for the Board; and that legal counsel and a law enforcement officer be present. III. FUTURE AGENDA ITEMS . Rules And Procedures For The Board. . New Relief Orders. V. REPORTS Discussion ensued regarding possible dates for a Special Meeting and by consensus, the Board chose Thursday, September 27,2001. VI. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 8:33 p.m. RESPECTFULLY SUBMITTED: ~~ ' DEBBIE GILLE~ DEPUTY CITY CLERK Docs\ Word\BOA RDS\CODEENFO\ALLL\M INUTES\200 1 \0821 0 1 REGULAR.doc NOTE: These Minutes were approved at the '-1\.L\>..\){Iw..huL. ~ ,2001 Code Enforcement Board Meeting.