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HomeMy WebLinkAbout2002 10 15 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 15,2002 I. CALL TO ORDER Chairperson Lurene Lyzen called the Regular Meeting to order at 7:00 p.m. on Tuesday, October 15, 2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Lurene Lyzen, present Vice Chairperson James B. Pitts, present Board Member Ken Furth, present Board Member Greg Roero, present Board Member Jerry Ross, present Board Member Greg Thompson, absent Board Member Mervin Warner, present The Pledge of Allegiance followed. Chairperson Lyzen inquired whether there were any Agenda Changes. Captain Glenn Tolleson, Police Department stated, "Yes, 'D', 'E', 'F', 'G', 'H', and 'I' have all been cleared. 'K', 'L', '0', 'P', and 'R' were also cleared and will not be heard tonight." II. CONSENT CONSENT A. Approval Of The September 17, 2002 Regular Meeting Minutes. The Board agreed that on page 12 of the Minutes, the second line from the bottom, the word "Above" should be replaced with "Before". Chairperson Lyzen asked, "Are there any other corrections to the Minutes, if not I would like a Motion to accept as Amended." "I WOULD LIKE TO MAKE A MOTION TO ACCEPT." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 15, 2002 PAGE20FIl City Clerk, Andrea Loreizzo-Luaces, swore in those persons who may be providing testimony during the presentation of tonight's cases. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. .:. .:. III. REGULAR REGULAR A. CASE #2002001241 627 Murphy Road Robert M. Matthews & Andria J. Blum Section 20-431. & 20- 432. (Commercial Vehicle) Captain Tolleson presented his case by explaining the history of Violations. Brief discussion followed regarding acceptable automobile coverings; permits; and the City of Winter Springs Code of Ordinance restrictions of commercial vehicles in residential areas. FINDING OF FACT: MOTION BY BOARD MEMBER ROERO. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS ROBERT M. MATTHEWS AND ANDRIA J. BLUM, CODE ]~NFORCEMENT BOARD NUMBER 2002001241, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THE HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, I MOVE THAT CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, ROBERT M. MATTHEWS AND ANDRIA J. BLUM - WERE PROVIDED NOTICE IN ACCORDANCE WITH THE SECTION 2-59. OF THE CODE - 20-431. AND 20-432. [COMMERCIAL VEHICLE] SECTIONS OF THE CITY CODE, EXISTED UPON THEIR PROPERTY, AND FURTHER WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED IN THE NOTICE OF THE VIOLATION, (3) THAT THE VIOLATORS, WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE OF THE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER IS, 2002 PAGE 3 OF I I HEARING BEFORE THE CODE ENFORCEMENT BOARD AND THAT THE VIOLATORS WERE NOT PRESENT AT THE TIME OF THIS HEARING AND THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATORS PROPERTY AS OF THE TIME OF THIS HEARING; AND I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." SECONDED BY HOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER PITTS: AYE . BOARD MEMBER ROSS: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROERO: AYE MOTION CARRlED. RELIEF ORDER - ORDER OF THE BOARD: MOTION BY VICE CHAIRPERSON PITTS. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS ROBERT M. MATTHEWS AND ANDRIA J. BLUM, CODE ENFORCEMENT BOARD NUMBER CASE 2002001241, THE VIOLATORS, ROBERT M. MATTHEWS AND ANDRIA J. BLUM, HAVE BEEN FOUND TO BE IN VIOLATION OF SECTIONS 20-431. AND 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE, I MOVE THE VIOLA TORS BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED, A FINE OF TWENTY-FIVE DOLLARS ($25.00) WILL BE IMPOSED PER DAY, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHER, ANY OR ALL FUTURE REOCCURRENCES OF THIS 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 REOCCURRENCES, SHALL BE A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION THAT - IS FOUND TO EXIST; AND IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED, THE CLERK OF THE CODE ENFORCEMENT BOARD IS DIRECTED TO RECORD A CERTIFIED COpy CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 15,2002 PAGE 4 OF II OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: BOARD MEMBER ROSS: AYE VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. REGULAR B. CASE #CEB-02-102 214 Bitterwood Street Mary A. Schildwachter Section 20-431. & 20-432. (Commercial Vehicle) This case was presented by Captain Tolleson who stated, "They do have magnetic coverings on the lettering now and the letters are off the rack. And all we are asking for here is 'Finding of Fact' and to ensure that it stays - when it is parked in the City." Vice Chairperson James Pitts questioned if a "Finding of Fact" can be issued if the Violator is now in Compliance. Then Vice Chairperson Pitts said, "Anything that comes before this Board in Violation of City Code - it is my understanding and correct me if I am wrong, it has to be in Violation of the City Code when this Hearing occurs." Captain Tolleson explained, "We can still fine them because they are getting an 'X' amount of time to come into Compliance. The Board only convenes once a month or in particular cases twice. But we can't call a Special every - case. And all we are trying to do is so we don't keep playing the game of I'll wait until the day of we'll find them in Compliance or Non-Compliance on the day of correction date." Vice Chairperson Pitts said, "I wish we had our City Attorney here. I certainly would like a ruling on that." The Board discussed that an appropriate Motion form for a case such as this, had not been provided. Board Member Ken Furth stated, "We have a Motion where a Violation is found not to exist." Further Board Member Furth informed everyone, "All this does is allow you to - put this person's name, Mary A. Schildwachter, on the list that says she was in Violation at one time and she is not now - and we are not stating that, if she is again, an immediate fine can be assessed. This form does not mention any fines." Additionally Board Member Furth commented that the form "Needs some more work on it." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER IS, 2002 PAGE S OF I I FINDING OF FACT: MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS MARY A. SCHILDW ACHTER, CODE ENFORCEMENT BOARD NUMBER 02-102, 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. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT: (1) MARY A. SCHILDWACHTER WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 20-431. AND 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED UPON - HER PROPERTY, AND FURTHER WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THE VIOLATOR WERE AND ARE NOW NOT IN VIOLATION OF THE STATED SECTIONS OF THE CITY CODE, AND THEREFORE I MOVE THAT THIS MATTER BE FOUND IN COMPLIANCE." SECONDED. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROSS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE VICE CHAIRPERSON PITTS: AYE MOTION CARRIED. REGULAR C. CASE #CEB-02-241 301 Birch Terrace Andrian G. Jr. & Mary L. Puttin Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson said, "They are now currently in Compliance. There is a magnetic cover to cover both sides of it." Captain Tolleson then explained that the Violators had been previously cited, had come into Compliance, and were cited again. Brief discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 15,2002 PAGE60F11 AMENDED FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS ANDRIAN G. JR. & MARY L. PUTTIN, CODE ENFORCEMENT BOARD NUMBER 02-241, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT TillS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT: (1) ANDRIAN G. JR. & MARY L. PUTTIN WERE PROVIDED NOTICE IN ACCORDANCE WITH THE SECTION 2-59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 20-431. AND 20-432. [COMMERCIAL VEHICLE] OF THE CODE EXISTED UPON TillS PROPERTY, AND FURTHER WAS PROVIDED A REASONABLE TIME TO CORRECT SUCH VIOLATION, (2) THAT THE VIOLATORS ARE NOT IN VIOLATION OF THE STATED SECTION OF THE CITY CODE, AND THEREFORE I FURTHER MOVE THE CASE BE - FOUND IN COMPLIANCE." SECONDED. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROSS: AYE CHAIRPERSON L YZEN : AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR J. CASE #CEB-02-0000580 209 North Alderwood Street Randy A. Marvin Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson reported that a photograph had not been obtained; and the Violators came into Compliance recently. Discussion ensued regarding the difference between this case and the previous case; and the policy and procedure for being cited numerous times. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER IS, 2002 PAGE 7 OF 11 FINDING OF FACT: MOTION BY BOARD MEMBER WARNER. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS RANDY A. MARVIN, 209 NORTH ALDERWOOD STREET, CODE ENFORCEMENT BOARD NUMBER CEB-02-0000580, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREP ARED BY THE CODE INSPECTOR, AND HEARD AT TillS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR, AND OTHER SWORN WITNESSES. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED IN TillS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT: (1) RANDY A. MARVIN WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE AND THAT A VIOLATION OF SECTIONS 20-431. AND 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED UPON TillS PROPERTY, AND FURTHER WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THAT THE VIOLATOR IS NOT IN VIOLATION OF THE STATED SECTIONS OF THE CITY CODE, AND THEREFORE I FURTHER MOVE THAT THIS CASE IS IN COMPLIANCE." SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROSS: AYE MOTION CARRIED. REGULAR M. CASE #CEB-02-0000583 61 South Edgemon Avenue Tina Mines Section 20-431. & 20-432. (Commercial Vehicle) Captain Tollesson explained that the vehicle has been "Moved behind the property - dismissed. " CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 15, 2002 PAGE 8 OF I I N. CASE #CEB-02-0000590 143 Cortez Court Robert S. Rosenberger Section 20-433. (Disabled Motor Vehicle) No decision was required by the Board concerning this case. REGULAR Q. CASE #CEB-02-0000604 127 North Alderwood Street Francis C. Jr. & Melanie Slavin Tenant: Heather Bryant Section 20-431.,20-432., & 20-433. (Commercial Vehicle & Unlicensed Vehicle) Captain Tolleson spoke of previous citations issued and said that the commercial vehicle is presently in Non-Compliance. The City Clerk swore in Ms. Heather Bryant who would be providing testimony during the presentation of this case. Tape I/Side B Ms. Heather Bryant, 127 North Alderwood Street, Winter Springs, Florida: stated that both vehicles were removed prior to the "24th which was the date given to us - and have not been back since. As far the code from 99 [1999] that wasn't - we just moved in - 2001." Discussion followed regarding the re-inspection and deadline dates; and that due to the type of vehicle, a magnetic covering may not be used. FINDING OF FACT: MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS FRANCIS C. JR. & MELANIE SLAVIN - TENANT: HEATHER BRY ANT - CODE ENFORCEMENT BOARD NUMBER 02-0000604, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT TillS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND A SWORN WITNESS. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT: (1) FRANCIS C. JR. & MELANIE SLAVIN AND TENANT: HEATHER BRYANT WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 20-431. AND 20-432. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 15,2002 PAGE 9 OF J J [COMMERCIAL VEIDCLE] EXISTED UPON - THEIR PROPERTY, AND WERE FURTHER PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2)THAT THE VIOLATORS WERE NOT AND - ARE NOT IN VIOLATION OF THE STATED SECTION OF THE CITY CODE AS OF THIS BOARD MEETING AND THEREFORE I MOVE THAT THIS CASE BE FOUND IN COMPLIANCE. (3)FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION AFTER COMPLIANCE - WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION AND THE FINE FOR SUCH REOCCURRENCES SHALL BE A MAXIMUM OF $500.00 A DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO AGAIN EXIST." SECONDED. DISCUSSION. VOTE: CHAIRPERSON L YZEN : AYE BOARD MEMBER FURTH: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER ROSS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRJ[ED. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. REGULAR D. CASE #CEB-02-0000556 171-177 Garden Drive Ronald J. & Charlotte Dickison Section 13-2. (Untended Grass and Weeds) REGULAR E. CASE #CEB-02-0000557 407 South Edgemon Avenue Michael R. & Cynthia M. Miller Section 6-46. (No Building Permit - Water System) CITY OF WINTER SPRlNGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 15.2002 PAGE 100F 11 REGULAR F. CASE #CEB-02-0000573 507 South Edgemon Avenue Nick V. & Rae E. Scimeca Section 13-2. (Untended Grass and Weeds) REGULAR G. CASE #CEB-02-0000574 620 Murphy Road Paul R. SR & Norma L. Tyree Section 6-46. (No Building Permit - Shed) REGULAR H. CASE #CEB-02-0000575 745 South Edgemon Avenue Steve & Michelle Sandvik Section 6-46. (No Building Permit - Pouring Concrete) REGULAR I. CASE #CEB-02-0000578 635 Pearl Road Trina Marrero Trustee FBO Tenant: William Hudson Section 20-411. (RV) IV. FUTURE AGENDA ITEMS Chairperson Lyzen asked Captain Tolleson if he had spoken to the City Attorney regarding "The correct Relief Order for any reoccurrence in which the case is in Compliance at the time of the Board Meeting?" Captain Tolleson responded, "He [City Attorney Anthony A. Garganese] said fax them all to him and he would review them - and any thing else that I thought should be changed or done. So, I am still working on some of those." Chairperson Lyzen said, "Good. Will we have it by our next Meeting?" Captain Tolleson spoke of (possibly) holding a Special Meeting on October 30. 2002 and explained that the forms would not be ready by that date. Next brief discussion followed regarding what the procedure would be for reoccurrence of the Violation following Compliance. Board Member Mervin Warner suggested that Code Enforcement Staff check if Violators are in Compliance or Non-Compliance prior to the Meetings. Board Member Furth said, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER IS, 2002 PAGEI10FII "That is a good point" and referred to the Relief Orders which states "As of this meeting." Vice Chairman Pitts spoke for the record of his concern with Code Enforcement's new procedure. Brief discussion. v. REPORTS Chairperson Lyzen was asked by Board Member Warner for a copy of the "Finding of Fact" where a Violation is found not to exist and she replied, "I'll get them for you for the next Meeting. VI. ADJOURNMENT Chairperson Lyzen adjourned the Meeting at 7:59 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC AND JvhL~(~L DEBBIE GILLESPIE DEPUTY CITY CLERK Boards and Committees\Code Enforcement Board\ALLL\MINUTES\I01S02 REGULAR.doc NOTE: These Minutes were approved at the November 19,2002 Code Enforcement Board Meeting.