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HomeMy WebLinkAbout2003 05 20 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MA Y 20, 2003 I. CALL TO ORDER Chairperson Lurene Lyzen called the Regular Meeting to order at 7:00 p.m. on Tuesday, May 20, 2003, 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 Mathew Matisak, present Board Member Greg Roero, present Board Member Jerry Ross, absent Board Member Greg Thompson, present 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, stated that only cases "A", "D", and "I" would be heard tonight. Assistant to the City Clerk, Nicole Seivers swore in those persons who may be providing testimony during the presentation of tonight's cases. II. CONSENT CONSENT A. Approval Of The AlPrill5, 2003 Regular Meeting Minutes. Chairperson Lyzen requested a Motion to approve the Minutes of April 15, 2003. "SO MOVED." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 20, 2003 PAGE20F8 VOTE: BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON L YZEN : 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 A. CASE #CEB-03-0002160 1002 Troon Trace Philippus A. Myburgh Sections 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson reported the dates that citations were issued and stated that "The property was posted, and certified mail sent and signed for by Philippus Myburgh on April 30, 2003 and is currently not in compliance and we're now asking for a 'Finding of Fact' and appropriate 'Relief Order' . " Brief discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS PHILIPPUS A. MYBURGH, CODE ENFORCEMENT BOARD NUMBER CEB 03-0002160, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMA TION 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 VIOLATOR, PHILIPPUS A. MYBURGH - 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, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 20, 2003 PAGE 3 OF 8 (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SAID VIOLATIONS IN THE TIME PROVIDED, (4) THAT THE VIOLATOR WAS PROVIDED NOTICED IN ACCORDANCE WITH 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, (5) THAT SAID VIOLATIONS EXISTED UPON THE VIOLATOR'S PROPERTY, AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER MA TISAK. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MA TISAK: AYE CHAIRPERSON L YZEN: AYE MOTION CARRIED. Brief discussion. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS PHILIPPUS A. MYBURGH, CODE ENFORCEMENT BOARD NUMBER CEB 03-0002160, THE VIOLATOR, PHILIPPUS A. MYBURGH, HAVING BEEN FOUND IN VIOLATION OF SECTIONS 20-431. & 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN FIVE (5) WORKING DAYS AFTER NOTIFICATION TO CORRECT THESE VIOLATIONS OF THE CITY CODE. IF THE VIOLATIONS ARE NOT CORRECTED WITHIN THE TIME PROVIDED A FINE OF ONE HUNDRED DOLLARS ($100.00) A DAY, 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 AND ALL FUTURE REOCCURRENCES OF THESE VIOLATIONS 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 VIOLATIONS. THE FINE FOR SUCH REOCCURRANCE SHALL BE A MAXIMUM OF $200.00 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 SHALL BE DIRECTED TO RECORD A CERTIFIED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 20, 2003 PAGE40F8 COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSON L YZEN : AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. REGULAR D. CASE #03-0002485 241 North Edgemon Avenue Joseph G. Deas Section 13-2. (Trash & Debris) Captain Tolleson presented his case to the Board and stated, "The property has been posted, and certified mail has been sent and signed for as of May 6, 2003 by Joseph Deas. We are asking for a 'Finding of Fact.'" Brief discussion. FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS JOSEPH G. DEAS, CODE ENFORCEMENT BOARD NUMBER CEB 03-0002485, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE DESCRIPTIVE 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, JOSEPH G. DEAS, WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTION 13-2. [TRASH & DEBRIS] OF THE CITY CODE EXISTED UPON THE PROPERTY, AND WAS PROVIDED REASONABLE TIME TO CORRECT SAID VIOLATION, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 20,. 2003 PAGE 5 OF 8 (2) THAT THE VIOLATOR IS NOT IN VIOLATION OF THE STATED SECTION 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 OF THE CITY CODE SHALL BE CONSIDERED A REPEAT VIOLATION WITHOUT THE NECESSITY OF GIVING THE VIOLATOR FURTHER TIME TO CORRECT SUCH VIOLATION. 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 THE VIOLATION WAS AGAIN FOUND TO EXIST." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. VOTE: BOARD MEMBER W ARNER: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE CHAIRPERSON L YZEN: AYE MOTION CARRIED. Brief discussion. REGULAR I. CASE #03-0002698 407 South Edgemon Avenue Michael R. & Cynthia M. Miller Section 20-182. (Car Sales In Residential Area) Captain Tolleson reported the dates that citations were issued and stated that "The property was posted, and certified mail sent and signed for on April 26, 2003. He is currently' In Compliance' as of today. We are asking for a 'Finding ofFact'." Brief discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MICHAEL R. AND CYNTHIA M. MILLER, CODE ENFORCEMENT BOARD NUMBER CEB 03-0002698, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT AND THE DESCRIPTIVE INFORMATION PREPARED BY THE CODE INSPECTOR, AND - HEARD AT THE MEETING THE SWORN TESTIMONY OF THE CODE INSPECTOR. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 20, 2003 PAGE 6 OF 8 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT MICHAEL R. AND CYNTHIA M. MILLER WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTION 20-182. (CAR SALES IN RESIDENTIAL AREA) _ AND WERE PROVIDED REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED, (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 THE VIOLA TORS ARE PRESENT AT THIS HEARING AND THAT THE VIOLATION EXISTED UPON THE VIOLATOR'S PROPERTY. MOTION BY BOARD MEMBER ROSS. SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. VOTE: CHAIRPERSON L YZEN : AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Discussion. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. REGULAR B. CASE #03-0002373 1742 Seneca Boulevard Stephen A. Morrison & Nancy Schermerhorn Sections 13-2. (Junk) REGULAR C. CASE #03-0002400 60 Tarpon Circle Roger E. & Virginia K. Fisher Section 6-46. (No Building Permit - Boat Awning) REGULAR E. CASE #03-0002493 215 Sweetgum Court Ronald G. Davison & Dixie A. Davison Chapter 5 (No Arbor Permit) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 20, 2003 PAGE 7 OF 8 REGULAR F. CASE #03-0002537 383 Twelve Oaks Drive Dennis G. & Carol L. Norsesian Section 20-431. & 20-432. (Commercial Vehicle) REGULAR G. CASE #03-0002551 502 South Edgemon Avenue Gregory Castellano Section 20-411. (Trailer - Oversized) REGULAR H. CASE #03-0002640 107 South Flamingo Avenue Christopher N. Sorenson & Deanna J. Santoro Section 20-433. (Disabled Motor Vehicle - Unlicensed) IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS No Reports were given. VI. ADJOURNMENT CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 20, 2003 PAGE80F8 Chairperson Lyzen adjourned the Meeting at 7:40 p.m. RESPECTFULLY SUBMITTED BY: DEBBIE GILLESPIE, DEPUTY CITY CLERK AND ./Y~~~ NICOLE SEIVERS ASSISTANT TO THE CITY CLERK Boards and Committees\Code Enforcement Board\ALLL\MINUTES\052003 REGULAR doc NOTE: These Minutes were approved at the , 2003 Code Enforcement Board Meeting.