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HomeMy WebLinkAbout2002 03 19 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 19,2002 I. CALL TO ORDER Chairperson Joanne Krebs called the Regular Meeting to order at 7:08 p.m. on Tuesday, March 19, 2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Chairperson Krebs informed everyone that the Board would not tolerate unacceptable behavior at the Meeting. 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, arrived at 7:32 p.m. Board Member Mervin Warner, present The Pledge of Allegiance followed. Chairperson Krebs asked if there would be any Agenda changes and Ms. C. Jimette Cook Enforcement Manager, Code Enforcement Division, Community Development Department advised the Board that "This evening we are only going to hear case CEB- 01-962, 'B', CEB-01-1298, 'D', CEB-02-121, 'K', - and CEB-02-164. The rest of them will have to be continued or are in compliance." II. CONSENT CONSENT A. Approval of the February 19, 2002 Regular Meeting Minutes. Chairperson Krebs read the title of Consent Agenda Item "A." "I APPROVE THE MINUTES OF THE FEBRUARY MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE20F8 VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. III. REGULAR AGENDA The Deputy City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. REGULAR A. CASE #CEB-01-962 500 Evergreen Avenue Perry S. Firoz Section 20-433. (Disabled Motor Vehicles) Ms. Cook asked that the record reflect that no one was present to speak on the owner's behalf. Photographs were displayed and Ms. Cook entered into the record two (2) door hangers, "The Statement of Violation and Notice of Hearing", the proof of mailing, and the proof of receipt that was signed. Ms. Cook spoke of past violations and asked "For a finding of non-compliance and a fine of $25.00 a day, which is typically what this Board fines after a weeks notice." The Board asked if the repeated violations were the same vehicle, which they were not. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-962 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION AS PREPARED BY THE CODE MANAGER AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE MANAGER. BASED UPON THESE PROCEEDINGS, I FIND THAT PERRY S. FIROZ, OF 500 EVERGREEN AVENUE, IS IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLES - UNLICENSED] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER FURTH. SECONDED. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19.2002 PAGE 3 OF 8 VOTE: 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. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-962 OF THE CITY OF WINTER SPRINGS, PERRY S. FIROZ HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLES - UNLICENSED] OF THE CODE OF THE CITY. I MOVE THAT PERRY S. FIROZ BE GIVEN FOURTEEN (14) DAYS FROM TODAY TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE A FINE OF $25.00 WILL BE IMPOSED, PER VIOLATION, PER DAY UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE OFFICER OF THE CITY." MOTION BY BOARD MEMBER LYZEN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. REGULAR B. CASE #CEB-01-1298 1622 Fox Glen Court Richard A. Grimes Section 6-46. (No Building Permit - Screen Room) Respondent: Affordable Screen & Patio Ms. Cook entered into evidence a photograph of the screen room and asked Mr. Richard A. Grimes, for the record, to acknowledge that it was indeed his screen room. Mr. Grimes agreed. Ms. Cook explained how she became aware the violation; she entered into the record "Notice Of Code Violation", "The Statement of Violation and Notice of Hearing"; and stated, "In addition you will note that we are not only charging Mr. Grimes but Affordable Screen and Patio because - they're the people that put the screen room CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19.2002 PAGE4 OF 8 up." Ms. Cook spoke of her conversations with Affordable Screen and Patio and that the recent permit application was denied because setback requirements were not met. Brief discussion followed regarding setbacks; Variances; and Mr. Grimes's options. Ms. Cook asked the Board to "Find there is a violation of Code, hear Mr. Grimes testimony, give Mr. Grimes and Affordable Screen and Patio a reasonable time to work out a settlement." Brief discussion. Mr. Richard A. Grimes, 1622 Fox Glen Court, Winter Springs, Florida: addressed the Board regarding this issue. The Board and Mr. Grimes discussed that he knew that the contractor was suppose to get the permit; that he did not realize that a permit was not obtained; and the contract. Board Member Greg Thompson arrived at 7:32 p.m. Discussion followed regarding Affordable Screen and Patio's responsibility In this matter; liens; and Mr. Grimes applying for a Variance. Brief discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-1298 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION AS PREPARED BY THE CODE MANAGER AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE MANAGER. BASED UPON THESE PROCEEDINGS, I FIND THAT RICHARD A. GRIMES, OF 1622 FOX GLEN COURT, AND AFFORDABLE SCREEN, 766 VICTORY DRIVE, LONGWOOD, FLORIDA ARE IN VIOLATION OF SECTION 6-46. [NO BUILDING PERMIT - SCREEN ROOM] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: NAY BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 5 OF 8 "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-1298 OF THE CITY OF WINTER SPRINGS, RICHARD A. GRIMES AND AFFORDABLE SCREEN AND PATIO HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-46. [NO BUILDING PERMIT - SCREEN ROOM] OF THE CODE OF THE CITY. I MOVE THAT RICHARD A. GRIMES AND THE CONTRACTOR, AFFORDABLE SCREEN AND PATIO BE GIVEN NINETY (90) DAYS FROM THIS DATE TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF A VARIANCE HAS NOT BEEN OBTAINED AT THE END OF THE NINETY (90) DAYS THIS CASE WILL COME BACK TO THIS BOARD AND WILL BE REHEARD." MOTION BY BOARD MEMBER FURTH. SECONDED BY VICE CHAIPERSON L YZEN. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: NAY BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Chairperson Krebs recessed the Meeting at 7:40 p.m. The Meeting was called back to order by Chairperson Krebs at 7:45 p.m. Ms. Cook informed the Board that "CASE #CEB-02-164" would not be heard this evenmg. REGULAR K. CASE #CEB-02-121 209-219 South Moss Road Charles R. Warner ET AL, C/O Andreas Nicolaou Section 20-433. (Disabled Motor Vehicles) Ms. Cook entered into the record the "Green card for the owner of record"; the Property Appraiser's latest update of ownership; and a facsimile transmission received from NTC Investors' Services, which was read by Ms. Cook. Ms. Cook addressed the violation and she asked that the owner be found in Non-Compliance, be given a short time to remove the vehicle and if Compliance is not reached then a fine of $50.00, per car, should be imposed. The Board asked about the parking lot being posted regarding cars being towed and whether Ms. Cook knew the name of the vehicle's owner. Brief discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 6 OF 8 Ms. Jessica Ruiz, NTC Investors Services', 419 West Lancaster Road, Orlando, Florida: as Property Manager she acknowledged that there have been problems with tenants parking unlicensed vehicles on the property; a tenant told her that if the vehicle was towed the police would be called; and she will make arrangements tomorrow to have the vehicle towed. Discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-02-121 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 STATEMENT OF THE CODE MANAGER AND OTHER PARTIES INVOLVED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE THAT CHARLES R. WARNER AND C/O ANDREAS NICOLAOU, OF 209-219 SOUTH MOSS ROAD IS IN VIOLATION OF SECTION 20-433. [DISABLED VEHICLES - UNLICENSED] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY VICE CHAIRPERSON LYZEN. SECONDED. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Members of the Board and Ms. Cook discussed how to prevent repeat violations. Tape I/Side B RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-02-121 OF THE CITY OF WINTER SPRINGS, CHARLES R. WARNER C/O ANDREAS NICOLAOU HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. [DISABLED VEHICLES - UNLICENSED] OF THE CODE OF THE CITY. I MOVE THAT CHARLES R. WARNER BE GIVEN FIVE (5) DAYS FROM TODAY TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF A COMPLIANCE IS NOT ACHIEVED BY THAT DATE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 7 OF 8 A FINE OF $50.00 WILL BE IMPOSED PER DAY, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AND VERIFIED BY AN OFFICER OF THE CITY. SINCE JESSICA RUIZ IS PRESENT AND HAS HEARD THE ORDER OF THIS BOARD I MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN 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 ROERO: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. The Board questioned the role of the Police Department when a "Relief Order" has been issued. Brief discussion. III. FUTURE AGENDA ITEMS None. v. REPORTS Ms. Cook reported that she relayed the Board's request for a Workshop with the City Attorney and Police Department and as soon as the City Attorney submits a date to Ms. Cook, arrangements will be made. The Board discussed inviting the Building Department and the Planning Department. It was mentioned that due to time constraints a second Workshop could be held. Ms. Cook suggested that if any Board Member had any questions or topics they wished discussed at a Workshop that they be submitted to her and in turn she would give them to the City Attorney. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 8 OF 8 VI. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 8:33 p.m. RESPECTFULLY SUBMITTED: ~~ DEBBIE GILLESPIE DEPUTY CITY CLERK \\CITYHALL_PDC\SHARED\dept - City CIerk\BOARDS\CODEENFO\ALLL\MINUTES\2002\0I 1502 REGULAR.doc NOTE: These Minutes were approved at the Apri116, 2002 Code Enforcement Board Meeting.