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Home My WebLink About2002 08 20 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 20, 2002 I. CALL TO ORDER Board Member James B. Pitts called the Regular Meeting to order at 7:05 p.m. on Tuesday, August 20, 2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: 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. Deputy City Clerk, Debbie Gillepsie, swore in those persons who may be providing testimony during the presentation of tonight's case. II. CONSENT CONSENT A. Approval Of The June 18, 2002 Regular Meeting Minutes. Board Member Pitts requested a Motion to approve the Minutes. "SO MOVED." MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 20, 2002 PAGE20F4 III. REGULAR REGULAR A. CASE #CEB-OI-01721 1004 Gator LaDe Eric & Lori Bosse Section 6-190. (Height Limitations Of The Fence) Captain Glenn Tolleson, Police Department presented his case; introduced pictures of the homeowner's fence; and said that as of today that five feet four inches (5'4") of the fence's height still needs to be reduced to comply with the Winter Springs' Code of Ordinances. Discussion. Board Member Pitts asked if any interested parties in the audience would like to address the Board. No one spoke. FINDING OF FACT: MOTION BY BOARD MEMBER THOMPSON. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS ERIC & LORI BOSSE, CODE ENFORCEMENT BOARD NUMBER CEB-OI-01721, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT ITS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND OTHER SWORN TESTIMONY - NONE PRESENT. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, ERIC & LORI BOSSE WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 6-190. OF THE CITY CODE EXIST UPON THEIR PROPERTY, AND FURTHER PROVIDE A REASONABLE TIME TO CORRECT SAID VIOLATION." SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: NAY BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 20, 2002 PAGE30F4 Discussion. RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS ERIC & LORI BOSSE, CODE ENFORCEMENT BOARD NUMBER CEB 01-01721, THE VIOLATORS, ERIC & LORI BOSSE, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-190. [HEIGHT LIMITATIONS OF THE FENCE]. I MOVE THAT THE VIOLATORS BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF VIOLATION IS NOT CORRECTED WITHIN THIS TIME A FINE OF TWENTY-FIVE DOLLARS ($25.00) PER DAY WILL BE IMPOSED - UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHER, ANY OR ALL FUTURE RECURRENCES OF THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSIT ATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARIL Y GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00) PER DAY, BEGINNING - ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST, AND IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED ABOVE, THE CLERK OF THE CODE ENFORCEMENT BOARD IS DIRECTED TO RECORD A CERTIFIED COpy OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." SECONDED. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: NAY BOARD MEMBER ROERO: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS Discussion ensued regarding Election of Officers and with consensus, the Board agreed to delay this action until a future date. Board Member Ken Furth asked if new Relief Orders could be obtained with the removal of the paragraph beginning "Any and all future recurrences(s)." CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 20, 2002 PAGE40F4 Attorney Debra S. Babb, Ward, Salzman & Weiss, P.A. 225 East Robinson Street, Suite 660, Orlando, Florida: agreed to address the request with City Attorney, Anthony A. Garganese. Brief discussion. V. REPORTS Discussion followed regarding attendance requirements and alternates. VI. ADJOURNMENT Board Member Pitts adjourned the Meeting at 7:35 p.m. RESPECTFULLY SUBMITTED: ~~ . A ~~j DEBBIE GILLESPIE DEPUTY CITY CLERK S:\dept - City Clerk\Boards and Committees\Code Enforcement Board\ALLL\MINUTES\082002 REGULAR.doc NOTE: These Minutes were approved at the September 17,2002 Code Enforcement Board Meeting.