Loading...
HomeMy WebLinkAbout2002 11 19 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 19,2002 I. CALL TO ORDER Chairperson Lurene Lyzen called the Regular Meeting to order at 7:00 p.m. on Tuesday, November 19, 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, present Board Member Mervin Warner, present The Pledge of Allegiance followed. Chairperson Lyzen inquired whether there were any Agenda Changes. Captain GleIm Tolleson, Police Department explained, "That cases 'A', 'B', and 'c' would not be heard and I'd like to move 'F' - first." Deputy City Clerk Debbie Gillespie, swore in those persons who may be providing testimony during the presentation of tonight's cases. II. CONSENT CONSENT A. Approval Of The October 15, 2002 Regular Meeting Minutes. Chairperson Lyzen requested a Motion to approve the Minutes. "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19,2002 PAGE 2 OF 10 VOTE: BOARD MEMBER ]?URTH: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROSS: AYE CHAIRPERSONLYZEN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. .:..:. . III. REGULAR REGULAR F. CASE #CEB-01-835 614 Nighthawk Circle Key Realty Dev. Inc. Section 13-2. (c), (d) (Untended Grass & Weeds & Stagnant Water) Captain Tolleson spoke of past Violations; that the case was "Held over" from last Meeting; and "Is in Compliance as of today". Mr. Julian Demar, Vice President, Key Realty and Development, 826 Polk Street, Hollywood, Florida: spoke of his plans of building a "Speculation home" which will eliminate the stagnant water. Brief discussion. FINDING OF FACT: MOTION BY BOARD MEMBER THOMPSON. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS KEY REALTY DEVELOPMENT, INC., CODE ENFORCEMENT BOARD NUMBER CEB 01-835, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT AND THE DESCRIPTIVE INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS MEETING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND KEY REALTY DIVISION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19,2002 PAGE 3 OF 9 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, KEY REALTY WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THA T A VIOLATION OF SECTIONS 13-2. (c) & (d) [UNTENDED GRASS & WEEDS & STAGNANT WATER] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATOR IS NOT IN VIOLATION OF THE STATED SECTIONS OF THE CITY CODE AT THIS TIME, AND THEREFORE I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE, (3) THAT THE VIOLATOR BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATIONS OF THIS SECTION OR SECTIONS OF THE CITY CODE SHALL BE CONSIDERED A REPEAT VIOLATION WITHOUT THE NECESSITY OF GIVING THE VIOLATOR FURTHER TIME TO CORRECT SAID VIOI-JATION. IF SUCH REPEAT VIOLATION IS FOUND TO EXIST A FINE SHALL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY OF VIOLATION WAS AGAIN FOUND TO EXIST. FINALLY, AS THE VIOLATOR IS PRESENT AT THE 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 WARNER. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FURTH: AYE CHAIRPERSON L YZEN : AYE MOTION CARRIED. REGULAR D. CASE #02-0000963 314 WoodleafDrive Laura A. Proemsey Section 13-2. (c) (Stagnant Pool) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19,2002 RAGE 4 OF 9 Captain Tolleson mentioned the past Violations; that he notified the Public Health Department because of the condition and the blackness of the water; and it requires immediate action since it is a health issue. Discussion ensued regarding that no personal contact has been attempted by the Violator; the stench; and the home being occupied. FINDING OF FACT: MOTION BY BOARD MEMBER ROERO. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS LAURA A. PROEMSEY, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000963, 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 THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, LAURA A. PROEMSEY WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTION 13-2. (c) [STAGNANT POOL] OF THE CITY CODE EXISTED UPON HER PROPERTY, AND PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED IN 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 VIOLATORS PROPERTY AS OF THIS HEARING; AND FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." SECONDED. DISCUSSION VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSONLYZEN: AYE BOARD MEMBER ROSS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE VICE CHAIRMAN })ITTS: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19,2002 PAGE 5 OF 9 RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS LAURA A. PROEMSEY, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000963, THE VIOLATOR, LAURA A. PROEMSEY, HAS BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. [STAGNANT POOL] OF THE CITY CODE, I MOVE THAT THE VIOLATOR 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 TWO HUNDRED FIFTY DOLLARS ($250.00) WILL BE IMPOSED PER DAY, PER VIOLATION, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY OR ALL FUTURE REOCCURRENCES 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 $500.00 PER DAY, VIOLATION 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. CHAIRPERSON LYZEN SUGGESTED THAT FOLLOWING "SECTION 13.2." SUBSECTION "(c)" SHOULD BE INCLUDED AND FOLLOWING "MAXIMUM OF $500.00 PER DAY" PER VIOLATION SHOULD BE SUBMITED. BOARD MEMBER ROERO AGREED TO CHAIRPERSON L YZEN'S SUGGESTIONS. BOARD MEMBER THOMPSON SAID THAT THE POOL IN ITS PRESENT CONDITION WILL TAKE LONGER THAN FIVE (5) DAYS TO BECOME CLEAN AND THAT MAYBE THE VIOLATOR SHOULD BE GIVEN SOME CONSIDERATION IF WITHIN THOSE FIVE (5) DAYS THERE IS AN ATTEMPT TO CLEAN THE POOL. AMENDMENT TO THE MOTION BY BOARD MEMBER THOMPSON. "WE COULD PUT AN AMENDMENT IN THE RELIEF ORDER' - 'AN AMENDMENT OF CEB-02- 0000963,314 WOODLEAF DRIVE, LAURA A. PROEMSEY HAS BEEN GIVEN FIVE (5) DAYS TO COME INTO COMPLIANCE WITH THE STAGNANT WATER LISTED IN SECTION 13-2. (c) [STAGNANT POOL] AND AN EXTENSION OF TWO (2) WEEKS WILL BE GIVEN IF IN FACT WITHIN THE FIVE (5) DAYS THE HOMEOWNER IS TRYING TO COME INTO COMPLIANCE AND RECTIFY THE PROBLEM OF THE STAGNANT POOL.'" SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19, 2002 PAGE60F9 THE BOARD AGREED THAT AT THE END OF FIVE (5) DAYS THE CODE INSPECTOR WILL DETERMINE IF AN ATTEMPT HAS BEEN MADE TO CLEAN THE POOL. IF NOT, THE FINE WILL BEGIN. VOTE (ON THE SECOND AMENDMENT): BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE CHAIRPERSON L YZEN : AYE BOARD MEMBER ROSS: AYE MOTION CARRIED. VOTE (ON THE FIRST AMENDMENT): CHAIRPERSON L YZEN : AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER ROSS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. VOTE (ON THE MOTION, AS AMENDED): BOARD MEMBER ROSS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON L YZEN : AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS LAURA A. PROEMSEY, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000963, THE VIOLATOR, LAURA A. PROEMSEY, HAS BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. (c) [STAGNANT POOL] OF THE CITY CODE, I MOVE THAT THE VIOLATOR 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 ($250.00 WILL BE IMPOSED PER DAY, PER VIOLATION, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19,2002 PAGE 7 OF 9 AN AMENDMENT OF CEB-02-0000963, 314 WOODLEAF DRIVE, LAURA A. PROEMSEY HAS BEEN GIVEN FIVE (5) DAYS TO COME INTO COMPLIANCE WITH THE STAGNANT WATER LISTED IN SECTION 13-2. (c) [STAGNANT POOL] AND AN EXTENSION OF TWO (2) WEEKS WILL BE GIVEN IF IN FACT WITHIN THE FIVE (5) DAYS THE HOMEOWNER IS TRYING TO COME INTO COMPLIANCE AND RECTIFY THE PROBLEM OF THE STAGNANT POOL. FURTHERMORE, ANY OR ALL FUTURE REOCCURRENCES OF THE VIOLATION, AFTER COMPLIANCE HAS BEEN ACHIEVED, WILL NECESSITATE 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 $500.00 PER DAY, PER VIOLATION 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." REGULAR E. CASE #02-0000974 214 Bennett Street Heather Lamoureux & Celestia Sains Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson spoke of the citation dates; that the Violator is currently in Compliance but "Since it is a commercial vehicle it comes and goes daily"; and asked for a "Finding of Fact". Additionally, Captain Tolleson explained that although the Violators have not responded to the "Notice of Violation", the property was posted, "So they know it is there." Discussion. FINDING OF FACT: MOTION BY BOARD MEMBER THOMPSON. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS HEATHER LAMOUREUX & CELESTIA SAINS, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000974, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT AND THE DESCRIPTIVE INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS MEETING THE SWORN TESTIMONY OF THE CODE INSPECTOR (VIOLATORS NOT PRESENT). BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, HEATHER LAMOUREUX & CELESTIA SAINS WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19,2002 PAGE 8 OF 9 CITY CODE; THAT VIOLATIONS OF SECTIONS 20-431. & 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATORS ARE NOT IN VIOLATION OF THE STATED SECTIONS OF THE CITY CODE AT THIS TIME, AND THEREFORE I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE, (3) THAT THE VIOLATORS BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATIONS OF THIS SECTION OR THESE SECTIONS OF THE CITY CODE SHALL BE CONSIDERED A REPEAT VIOLATION WITHOUT THE NECESSITY OF GIVING THE VIOLATORS FURTHER TIME TO CORRECT SAID VIOLATIONS. IF SUCH REPEAT VIOLATION IS FOUND TO EXIST A FINE SHALL BE IMPOSED IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY OF VIOLATION WAS AGAIN FOUND TO EXIST." SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROSS: AYE CHAIRPERSONLYZEN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASES WE.RE NOT DISCUSSED AT THIS MEETING. .:..:. REGULAR A. CASE #02-0000830 111 Burgos Road Ida J. Taylor Section 13-2. (c) (Untended Grass And Weeds) REGULAR B. CASE #02-0000955 514 Lombardy Road Donald & Linda Haines Section 20-411. (Trainer) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - NOVEMBER 19,2002 PAGE 9 OF 9 REGULAR C. CASE #02-0000962 610 David Street Elmer D. & Barbara A. Bakalla Tenant: Donald Perry Section 20-433. (Disabled Motor Vehicle - Unlicensed) Tape IISide B IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS On behalf of the Board, Chairperson Lyzen thanked Board Member Ken Furth for the Motion he created. VI. ADJOURNMENT Chairperson Lyzen adjourned the Meeting at 7:52 p.m. RESPECTFULLY SUBMITTED: k~~~~ DEBBIE GILLESPIE DEPUTY CITY CLERK Boards and Committees\Codc Enforcement Board\ALLL\MINUTES\1 I 1902 REGULAR.doc NOTE: These Minutes were approved at the December 17,2002 Code Enforcement Board Meeting.