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HomeMy WebLinkAbout2002 12 17 Code Enforcement Board Regular Mintutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 17,2002 I. CALL TO ORDER Chairperson Lurene Lyzen called the Regular Meeting to order at 7:00 p.m. on Tuesday, December 17, 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 Chairman 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 Roll Call. Chairperson Lyzen inquired as to whether there were any Agenda Changes. Captain Glenn Tolleson, Police Department explained that only cases "D", "I", and "J" would be heard tonight. 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 November 12, 2002 Special Meeting Minutes. Chairperson Lyzen requested a Motion to approve the Minutes of November 12, 2002. "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 2 OF 10 VOTE: BOARD MEMBER FURTH: AYE VICE CHAIRMAN I>ITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROSS: AYE CHAIRPERSONLYZEN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CONSENT B. Approval Of The November 19, 2002 Special Meeting Minutes. Chairperson Lyzen requested a Motion to approve the Minutes of November 19,2002. "MOVE FOR APPROVAL." MOTION BY BOARD MEMBER ROSS. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER ROSS: AYE VICE CHAIRMAN ]>ITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FURTH: AYE CHAIRPERSON LYZEN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. .:. .:. III. REGULAR REGULAR D. CASE #02-0000966 150 North Fairfax Avenue David Gorski Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson reported the dates that citations were issued and "That the property was posted and certified mail sent and signed for on November 29, 2002. Captain Tolleson said that the Violator is currently in Compliance and asked or a "Finding of Fact." Mr. David Gorski, 150 North Fairfax Avenue, Winter Springs, Florida: spoke of trying to comply with the Ordinance; that due to his type of business [Locksmith] he is constantly in and CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 3 OF 10 out of his driveway, maybe fifteen (15) times a day; that when he is through for the day he parks behind the fence he had installed; and asked for "Some sort of exception." Board Member Mervin Warner explained that the Board was unable to grant an exception and suggested Mr. Gorski appear before the City Commission. Mr. Gorski was asked why he was not parking behind the fence each time he returned to his home. Mr. Gorski explained it was "Time consuming" and "It is tearing up my grass. I have already spent fifteen hundred ($1,500) on a fence." Board Member Ken Furth said, "You'll spend a lot more on fines at the rate you are going." Mr. Gorski responded, "No, I will not. I am reasonably trying to comply. I will park it behind my fence when I am done for the evening. That is the best I can offer at this point." Vice Chairman Pitts spoke of his sympathy for Mr. Gorski's situation; reiterated his option to appear before the City Commission because the Code Enforcement Board is unable to give exceptions; and cautioned him concerning his statements. Mr. Gorski said, "That is about the best I can do. And we seem to have a disagreement and that is okay. Before I'll pay the fines, I'll spend it on Attorneys and we will get this some media attention too. So I guess we have nothing left to talk about." Mr. Gorski then departed the Meeting. MOTION BY BOARD MEMBER FURTH. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS DAVID GORSKI, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000966, 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 MR. GORSKI. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT DAVID GORSKI WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTIONS 20- 431. & 20-432. [COMMERCIAL VEHICLE] - OF THE CITY CODE EXISTED UPON HIS PROPERTY, AND HE WAS PROVIDED 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 FURTHER VIOLATIONS OF THIS SECTION OR THESE SECTIONS OF THE CITY CODE SHALL BE CONSIDERED A REPEAT VIOLATION WITHOUT THE NECESSITY OF GIVING THE VIOLATOR FURTHER TIME TO CORRECT SUCH 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." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 4 OF 10 SECONDED. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSONLYZEN: AYE BOARD MEMBER ROSS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. Chairperson Lyzen asked that the Minutes reflect that "Mr. Gorski did leave before we had the 'Finding of Fact' and he was very perturbed." REGULAR I. CASE #02-0001172 507 South Edgemon Avenue Nick V. & Rae E. Scrimeca Section 13-2. (c) (Untended Grass & Weeds) Captain Tolleson presented his case and said that the Violator is "Not in Compliance" at this time. Additionally Captain Tolleson said, "The front yard is cut" and was asked why is there was a Violation. Captain Tolleson responded, "Because the back yard is not." Discussion followed regarding whether the untended grass can be seen from the street and Captain Tolleson replied, "There is nothing in the Ordinance that says you have to be able to see it from the street." Complaints from the neighbors were next discussed. FINDING OF FACT: MOTION BY BOARD MEMBER ROERO. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS NICK V. & RAE E. SCRIMECA, CODE ENFORCEMENT BOARD NUMBER CEB 02-0001172, 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: (1) THAT THE VIOLATORS, NICK V. & RAE E. SCRIMECA WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION - 2-59. OF THE CITY CODE AND THAT THE VIOLATION OF SECTION 13-2. (c) [UNATTENDED GRASS & WEEDS] OF THE CITY CODED EXISTING UPON THE PROPERTY AND WAS CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 5 OF 10 FURTHER lPROVIDED A REASONABLE TIME TO CORRECT SUCH VIOLATION, (2) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATION BY THE TIME PROVIDED IN NOTICE OF VIOLATION, (3) THAT THE VIOLATORS WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD AND THAT THE VIOLATORS WERE NOT PRESENT AT THE HEARING, (4) THAT SAID VIOLATION DOES CONTINUE TO EXIST UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING. AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: NAY CHAIRPERSON L YZEN : AYE BOARD MEMBER ROSS: NAY MOTION CARRIED. Brief discussion. RELIEF ORDER - ORDER OF THE BOARD: MOTION BY BOARD MEMBER ROERO. "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS NICK V. & RAE E. SCRIMECA, CODE ENFORCEMENT BOARD NUMBER CEB 02-0001172, THE VIOLATORS, NICK V. & RAE E. SCRIMECA, HAVE BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. (c) [UNATTENDED GRASS & WEEDS] OF THE CITY CODE I MOVE THAT THE VIOLATORS BE GIVEN - TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THAT TIME A FINE OF - ONE HENDRED DOLLARS ($100.00) 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 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 SUCH VIOLATION. THE FINE FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 6 OF 10 OF $250.00 PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY THAT 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 WARNER. DISCUSSION. AMENDMENT TO THE MOTION BY BOARD MEMBER ROSS. "I MAKE A MOTION THAT WE ADJUST THE DAILY FINE TO TWENTY-FIVE DOLLARS ($25.00)." SECONDED BY BOARD MEMBER ROERO. VOTE (ON THE AMENDMENT): CHAIRPERSON LYZEN: AYE BOARD MEMBER FURTH: AYE VICE CHAIRMAN PITTS: NAY 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 VICE CHAIRMAN PITTS: NAY BOARD MEMBER FURTH: AYE MOTION CARRIED. AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS NICK V. & RAE E. SCRIMECA, CODE ENFORCEMENT BOARD NUMBER CEB 02-0001172, THE VIOLATORS, NICK V. & RAE E. SCRIMECA, HAVE BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. (c) [UNATTENDED GRASS & WEEDS] OF THE CITY CODE I MOVE THAT THE VIOLATORS BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THAT TIME A FINE OF TWENTY-FIVE DOLLARS ($25.00) 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 RECURRENCES OF THE VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 7 OF 10 NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SUCH VIOLATION. THE FINE FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF $250.00 PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY THAT 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 J. CASE #02-0001295 8 Algiers Avenue FrannmiIk M. & Rebecca Caricote Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson reported the dates that citations were issued and "That the property was posted and certified mail sent and signed for on December 4, 2002." Captain Tolleson stated that the Violator is currently in compliance and asked for a "Finding of Fact." Brief discussion. FINDING OF FACT: MOTION BY BOARD MEMBER ROSS. "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS FRANNMILK & REBECCA CARICOTE, CODE ENFORCEMENT BOARD NUMBER CEB 02-0001295, 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 FRANNMILK & REBECCA CARICOTE WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT VIOLATIONS OF SECTIONS 20-431. & 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND THEY WERE PROVIDED 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 THE ENTIRE CASE BE FOUND IN COMPLIANCE, (3) THAT THE VIOLATORS BE NOTIFIED BY THIS BOARD THAT ANY FURTHER V][OLATIONS 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 SUCH VIOLATIONS. IF SUCH REPEAT VIOLATION IS FOUND CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER J 7.2002 PAGE 8 OF 10 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 ])ITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROSS: AYE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:. .:. REGULAR A. CASE #02-0000728 51 South Devon Avenue Carlos Rosado Section 13-2. (Untended Grass & Weeds) REGULAR B. CASE #02-0000780 716 Sailfish Road Mary E. Wagner Section 13-2. (Debris) REGULAR C. CASE #02-0000952 571 Walden Way Jimmy L. Vessels Section 20-433. (Disabled Motor Vehicle - Unlicensed) E. CASE #02-0000991 310 Riunite Circle Ruben D. Feliz Section 20-431. & 20-432. (Commercial Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 9 OF 10 REGULAR F. CASE #02-0001051 1122 Duncan Drive Jeffrey J. & Tina A. Janego Section 20-411. (RV) REGULAR G. CASE #02-0001151 1102 W. Winged Foot Circle Jean L. Kirt Section 20-431. & 432. (Commercial Vehicle) REGULAR H. CASE #02-0001170 245 Mockingbird Lane Scott P. & Evelyn WarDer Section 20-433. (Disabled Motor Vehicle) REGULAR K. CASE #02-0001306 Marianne Mahoney Section 20-411. (Trailer) REGULAR L. CASE #02-0001318 727 Sailfish Road Bradley P. Campbell & Jennifer L. Schultz Section 20-411. (Boat & Trailer) REGULAR M. CASE #02-0001363 111 Shore Road Robert J. Mace Section 20-411. (Boat & Trailer) REGULAR N. CASE #02-0001368 130 Tarpon Circle Dessie A. Damery Section 20-411. (RV) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 17,2002 PAGE 10 OF 10 IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS No Reports were given. VI. ADJOURNMENT Chairperson Lyzen adjourned the Meeting at 7:32 p.m. RESPECTFULLY SUBMITTED: ..~~ DEBBIE GILLESPIE DEPUTY CITY CLERK Boards and Commiltees\Code Enforcement Board\ALLL\MINUTES\121702 REGULAR. doc NOTE: TIlese Minutes were approved at the January 28, 2003 Code Enforcement Board Meeting.