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HomeMy WebLinkAbout2002 09 17 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 17, 2002 I. CALL TO ORDER Vice Chairperson Lurene Lyzen called the Regular Meeting to order at 7:05 p.m. on Tuesday, September 17, 2002, 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: Vice Chairperson Lurene Lyzen, present Board Member Ken Furth, present Board Member James B. Pitts, present Board Member Greg Roero, present Board Member Jerry Ross, present Board Member Greg Thompson, present Board Member Mervin Warner, present Vice Chairperson Lyzen requested, newest Board Member Jerry Ross introduce himself. Then, Vice Chairperson Lyzen asked if there were any Agenda Changes. Captain Glenn Tolleson, Police Department stated, "Yes Madame, Items 'A', 'E', 'J' and 'K' have been removed for tonight." 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 August 20, 2002 Regular Meeting Minutes. Chairperson Lyzen requested a Motion to approve the Minutes. "SO MOVED." MOTION BY BOARD MEMBER PITTS. 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 - SEPTEMBER 17,2002 PAGE 2 OF 17 VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: ABSTAINED VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASES ARE DOCUMENTED IN THE ORDER THEY WERE PRESENTED. .:. .:. III. REGULAR REGULAR B. CASE #CEB-02-0000484 410 George Street Cher Fusco Tenant: David Gibbons Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson spoke of this case being a continuous problem since July; that two (2) citations have been issued; and reviewed photographs with the Board. Captain Tolleson stated, " We are asking the Board for a Finding of Fact and to take into consideration the unpaid citations. The continued attempts to bring this property into compliance has not - worked as of yet. I spoke with the property owner today and she has stated that the tenants will be moved out as of October 1 st, however, it is a rental property and if we continue to go back and forth, and generate a new case every month, it would not be advantageous to us. We would like a Finding of Fact for this property with any other occurrences would be taken appropriate relief." Mr. David Gibbons, 410 George Street, Winter Springs, Florida,' said, "When I park my vehicle there I understand that I haven't covered - the stickers, I guess I am guilty." Then, Mr. Gibbons spoke of not having the funds to pay for the "Stickers", and that he will be moving by the end of the month. Discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 3 OF 17 FINDING OF FACT: MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHER FUSCO, THE OWNER, AND TENANT, DAVID GIBBONS, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000484, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND OF DAVID GIBBONS. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, DAVID GIBBONS AND THE OWNER, CHER FUSCO WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTIONS 20-431. AND 20- 432. [COMMERCIAL VEHICLES] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER THEY WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION, (3) THAT THE VIOLATORS, WERE PROVIDED NOTICE IN ACCORDANCE OF SECTION 2-59. OF THE CITY CODE OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD AND THE VIOLATORS WERE PRESENT AT THIS HEARING AND THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATORS PROPERTY AS OF THIS HEARING; AND FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Brief discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 4 OF 17 RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER ROERO. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CHER FUSCO, THE OWNER AND DAVID GIBBONS, TENANT, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000484, THE VIOLATORS, DAVID GIBBONS AND THE OWNER, CHER FUSCO, HAVE BEEN FOUND TO BE IN VIOLATION OF SECTIONS 20-431. AND 20-432. OF THE CITY CODE; I MOVE THAT THE VIOLATORS BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF VIOLATION IS NOT CORRECTED WITHIN THAT TIME, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY WILL BE IMPOSED - UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY, OR ALL FUTURE RECURRENCE OF THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD, WITHOUT NECESSARILY GIVING THE VIOLATORS AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF TWO HUNDRED FIFTY DOLLARS ($250.00) PER DAY, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST; AND THAT 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." FINALLY, THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: NAY BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. Captain Tolleson introduced City Staff members that were present at the Meeting. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17, 2002 PAGE 5 OF 17 REGULAR C. CASE #CEB-02-0000509 617 David Street Bob H. & Tammy R. Rode Section 13-2. (Junk) Captain Tolleson presented his case, which included photographs. Vice Chairperson Lyzen asked if anyone was present on behalf of the property. No one was present. Discussion. FINDING OF FACT: MOTION BY BOARD MEMBER PITTS. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS BOB H. AND TAMMY R. RODE, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000509, 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. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, BOB H. AND TAMMY R. RODE WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE: THAT A VIOLATION OF SECTION 13-2. [JUNK] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER THEY WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION, (3) THAT THE VIOLATORS, WERE PROVIDED NOTICE IN ACCORDANCE OF SECTION 2-59. OF THE CITY CODE OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD AND THE VIOLATORS WERE NOT PRESENT AT THIS HEARING AND THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATORS PROPERTY AS OF THIS HEARING; AND FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 6 OF 17 VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Brief discussion. AMENDED RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER THOMPSON. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS BOB H. AND TAMMY R. RODE, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000509, THE VIOLATORS, BOB H. AND TAMMY R. RODE, HAVE BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. [JUNK] OF THE CITY CODE; I MOVE THAT THE VIOLATORS BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THIS TIME A FINE OF TWENTY-FIVE DOLLARS ($25.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHER, ANY OR ALL FUTURE RECURRENCES OF THE VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) PER DAY, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST; AND IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED BEFORE, 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 BY BOARD MEMBER WARNER. DISCUSSION. AMENDMENT BY BOARD MEMBER THOMPSON. "I WANT TO CHANGE THE FINE TO FIFTY DOLLARS ($50.00) A DAY, OPPOSED TO TWENTY-FIVE ($25.00)." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 7 OF 17 VOTE (ON THE AMENDMENT): BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. VOTE (THE MAIN MOTION): BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. REGULAR D. CASE #CEB-02-0000510 204 Buttonwood Avenue Chard H. Ingleborg Trustee Tenant: Charles Cassidy Section 13-2. (Debris) Captain Tolleson presented his case to the Board and stated the owner of the property is "Working with us to get this down. However, as you can see, the tenant is not being very compliant." Ms. Chard H. lngleborg, 214 Hickory Road, Longwood, Florida: spoke of trying to come into compliance; and advised she would be hiring a "Yard person". Tape I/Side B Discussion. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 8 OF 17 FINDING OF FACT: MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CHARD H. INGLEBORG TRUSTEE AND TENANT, CHARLES CASSIDY, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000510, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND ANOTHER WITNESS. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, CHARD H. INGLEBORG TRUSTEE AND TENANT, CHARLES CASSIDY WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTIONS 13-2. [DEBRIS] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER THEY WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION, (3) THAT THE VIOLATORS, WERE PROVIDED NOTICE IN ACCORDANCE OF SECTION 2-59. OF THE CITY OF WINTER SPRINGS OF THIS HEARING BEFORE THE CODE ENFORCEMENT BOARD AND THE VIOLATOR WAS PRESENT AT THIS HEARING AND THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING; AND FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE MOTION CARRIED. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17, 2002 PAGE 9 OF 17 RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER THOMPSON. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CHARD H. INGLEBORG, TRUSTEE, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000510, THE VIOLATOR, CHARD H. INGLEBORG, TRUSTEE HAVE BEEN FOUND TO BE IN THE VIOLATION OF SECTIONS 13-2. [DEBRIS] OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN FOURTEEN (14) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF VIOLATION IS NOT CORRECTED WITHIN A TIME PROVIDED, A FINE OF TWENTY-FIVE DOLLARS ($25.00) A DAY WILL BE IMPOSED - UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY OR ALL FUTURE RECURRENCE OF THE VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) PER DAY, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST; AND THAT 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 BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. Vice Chairperson Lyzen clarified the Board's Motion to Ms. Chard. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17.2002 PAGE 10 OF 17 REGULAR F. CASE #CEB-02-0000518 605 Pearl Road Sidney & Joyce M. Ozersky Section 13-2. (Stagnant Pool) Captain Tolleson spoke of the condition of the home; the property having a new owner "Since - first initiated this case"; the concern for the public's safety; and the effort put forth by the new homeowner to work with the City to resolve this issue. Discussion. FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS JAMIE COSTA, CODE ENFORCEMENT BOARD NUMBER CEB--02-0000518, 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. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, JAMIE COSTA WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTION 13-2. [STAGNANT POOL] OF THE CITY CODE EXISTED UPON THE PROPERTY, AND FURTHER HE WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION, (3) THAT THE VIOLATOR, WAS PROVIDED NOTICE IN ACCORDANCE OF SECTION 2-59. OF THE CITY CODE OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD AND THE VIOLATOR WAS NOT PRESENT AT THIS HEARING AND THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING; AND FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17.2002 PAGE II OF 17 VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER FURTH: AYE MOTION CARIDED. Discussion. RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMIE COST A, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000518, THE VIOLATOR, JAMIE COSTA, HAS BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. [STAGNANT POOL] OF THE CITY CODE; I MOVE THAT THE VIOLATOR BE GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THIS TIME A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE IS ACHIEVED, AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHER, ANY OR ALL FUTURE RECURRENCES OF THE VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) 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 BY BOARD MEMBER THOMPSON. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 12 OF 17 VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE CHAIRPERSON LYZEN: AYE MOTION CARRIED. REGULAR G. CASE #CEB-02-0000526 623 Pearl Road Billy T. & Roxane R. Burton Section 13-2. (Unattended Grass And Weeds) Captain Tolleson spoke of the owners being given until the September 6, 2002 to cut the grass but it was not completed until September 17,2002. Vice Chairperson Lyzen suggested, "We do have a Motion where a Violation is found not to exist but we can still make a - Relief Order for any reoccurrence." Discussion ensued regarding the correct Relief Order omitted from the packet of Motions. Board Member Ken Furth suggested that this issue should be addressed with the City Attorney. Captain Tolleson said, "I will get a hold of him." Discussion. FINDING OF FACT: MOTION BY BOARD MEMBER THOMPSON. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS BILLY T. & ROXANE R. BURTON, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000526, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREP ARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT Tn!!: VIOLATORS, BILLY T. & ROXANE R. BURTON WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, THAT A VIOLATION HAS COME INTO COMPLIANCE IN CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 13 OF 17 ACCORDANCE WITH SECTION 13-2. [UNATTENDED GRASS AND WEEDS] OF THE CITY CODE EXISTED UPON THEIR PROPERTY. AT THIS TIME I ALSO PUT INTO RECORD THAT - THE PROPERTY WAS BROUGHT TO CODE AS OF SEPTEMBER 9, 2002. HOWEVER, IF EXISTING PROBLEMS OCCUR WITH THE PROPERTY AS FAR AS UPKEEP AND MAINTENANCE IN BOTH YARD AND BUILDING, OWNERS, BILLY T. & ROXANE R. BURTON CAN BE BROUGHT ABOVE THE BOARD OR FINED IN FUTURE VIOLATIONS." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR H. CASE #CEB-02-0000566 673 Silver Creek Drive Fred M. Gordon & Adrienne J. Long Section 20-433. (Disabled & Unlicensed Vehicle) Tape 2/Side A Captain Tolleson presented a photograph and his case to the Board. Ms. Cathy Davidson, Code Enforcement Officer, Police Department, spoke of neighbors' complaints and answered questions from the Board Members. FINDING OF FACT: MOTION BY BOARD MEMBER WARNER. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS FRED M. GORDON AND ADRIENNE J. LONG, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000566, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE I40F 17 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, FRED M. GORDON AND ADRIENNE J. LONG WERE PROVIDED WITH NOTICE IN ACCORDANCE WITH SECTION 2- 59. OF THE CITY CODE; THAT A VIOLATION OF SECTION 20-433. [DISABLED AND UNLICENSED VEHICLE] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER THEY WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION, (3) THAT THE VIOLATORS, WERE PROVIDED NOTICE IN ACCORDANCE OF SECTION 2-59. OF THE CITY CODE OF THE HEARING BEFORE THE - CODE ENFORCEMENT BOARD AND THAT, THE VIOLATORS WERE NOT PRESENT AT THIS HEARING. THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATORS PROPERTY AS OF THIS HEARING; AND FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. AMENDED RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER ROERO. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS FRED M. GORDON AND ADRIENNE J. LONG, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000566, THE VIOLATORS, FRED M. GORDON AND ADRIENNE J. LONG, HAVE BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. [DISABLED AND UNLICENSED VEHICLE] OF THE CITY CODE, I MOVE THAT THE VIOLATOR IMMEDIATELY CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THIS TIME, A FINE OF TWO HUNDRED FIFTY DOLLARS ($250.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE IS CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 15 OF 17 ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHER, ANY OR ALL FUTURE REOCURRENCES OF THE VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSIT ATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF :FIVE HUNDRED DOLLARS ($500.00) 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 BY BOARD MEMBER FURTH. DISCUSSION. AMENDMENT TO THE MOTION BY BOARD MEMBER ROERO, WHO STATED, "IMMEDIATLEY", REFERRING TO THE AMOUNT OF TIME TO BE GIVEN FOR THE VIOLATORS TO COME INTO COMPLIANCE. SECONDED. DISCUSSION. VOTE (ON THE AMENDMENT): BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRlED. VOTE (ON THE MAIN MOTION AS AMENDED): VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGEI60F17 .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:. .:. REGULAR A. CASE #CEB-02-0000460 319 Panama Circle Steven J. & Rosa L. Burke Section 20-433. (Disabled & Unlicensed Vehicle) REGULAR E. CASE #CEB-02-0000515 229 West Panama Road Vidal & Elbanile Herrera Tenant: Elbanile Herrera Section 13-2. (Unattended Grass And Weeds) REGULAR I. CASE #CEB-02-0000594 200 South Moss Road Aura C. Manieri Section 13-2. (Littering Right Of Way With Trash & Debris) REGULAR J. CASE #CEB200201122 1035 Elk Court North Steven D. Spence & Mary C. Leporini Chapter 5 (Failure To Adhere To Conditions Of Arbor Permit) REGULAR K. CASE #CEB200201328 735 Wilson Road Jack A. & Umstattd Bergman Chapter 5 (Failure To Adhere To Conditions Of Arbor Permit) IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. CITY OF WINTER SPRJNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 17,2002 PAGE 17 OF 17 V. REPORTS Vice Chairperson Lyzen said, "We elect Officers in January - the Chairman and Vice Chairman. Seeing that our Chairman has resigned and gone to another Board, the Vice Chairman will move up to Chairman. And now we have to have an election of a Vice Chairman. So, it there a nomination?" BOARD MEMBER FURTH STATED, "I NOMINATE JAMES PITTS." SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRlED. The Board discussed the structure of the Finding of Facts and Relief Orders. Members of the Board suggested that a place for the address of the Violation be included; reducing the Case Numbers; and suggested pictures should be taken coinciding with the deadline for Compliance. The Board complimented Staff on the quality of their presentations. Board Member Mervin Warner suggested that residents be required to post their Arbor Permits. Captain Tolleson said, "I will pass that on to them. VI. ADJOURNMENT Chairperson Lyzen adjourned the Meeting at 8:53 p.m. RESPECTFULLY SUBMITTED: ~~ DEBBIE GILLESPIE DEPUTY CITY CLERK \Boa~ds and Committees\Code Enforcement Board\ALLL\MINUTES\091702 REGULAR.doc NOTE: These Minutes were approved at the October IS, 2002 Code Enforcement Board Meeting.