Loading...
HomeMy WebLinkAbout2003 09 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 16, 2003 I. CALL TO ORDER Chairperson Lurene Lyzen called the Regular Meeting to order at 7:00 p.m. on Tuesday, September 16, 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 Paul Krebs, present Board Member Mathew Matisak, present Board Member Gregory Roero, 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, "Tonight we will Hear "A", which is a continuation from last month. "C", and "M", "N," and "0" - all three (3) are on the same house and I would like to hear those all at the same time." Captain Tolleson reported to the Board that "Last month, Case Number 03-0002897 was an abandoned vehicle. He brought in his receipt and said that he had it towed. We went out the next morning at your request - it has been towed so we dismissed that case." Chairperson Lyzen introduced newest Board Member Paul Krebs. Assistant to the City Clerk, Ms 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 August 19, 2003 Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 2 OF 14 Chairperson Lyzen noted the following corrections should be made to the Minutes: Page 16, third to last paragraph, '''And' should be 'any"'; Page 19, second paragraph, "It should read 'That the Violator was provided a reasonable time to correct such Violation'." Chairperson Lyzen requested a "Motion to accept the Minutes as corrected". "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER KREBS: AYE CHAIRPERSON L YZEN : AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. .:. .:. III. REGULAR REGULAR C. CASE #03-0003117 751 Night Owl Lane Christopher McMillian Section 6-195. (Fence in Disrepair) Continuation Captain Tolleson presented his case to the Board and stated that "The property was posted, and certified mail sent on August the 28th. They were also notified ofthis Meeting as well as the last. Currently it is not in Compliance and we are asking for a 'Finding of Fact' and 'Relief'." Brief discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF THE WINTER SPRINGS VERSUS CHRISTOPHER McMILLIAN, CODE ENFORCEMENT NUMBER 03-0003117, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HAS HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 3 OF 14 BASED ON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, CHRISTOPHER McMILLIAN WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 6-195. [FENCE IN DISREPAIR] OF THE CITY CODE EXISTED, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PERIOD, (4) THAT THE VIOLATOR WAS PROVIDED NOTICE, 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, (5) AND THAT THE VIOLATION EXISTS UPON THE VIOLATORS PROPERTY, AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED 1M MEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER MATISAK. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER MA TISAK: AYE CHAIRPERSON LYZEN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CHRISTOPHER MCMILLIAN, CODE ENFORCEMENT BOARD NUMBER 03-0003117, THE VIOLATOR, CHRISTOPHER McMILLIAN, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-195. OF THE CITY CODE, I MOVE THAT THE VIOLATOR BE GIVEN ONE (1) WEEK - SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT SUCH VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) A DAY, WILL BE IMPOSED, PER VIOLATION, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS, AND IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED ABOVE, THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 4 OF 14 FURTHERMORE, ANY AND 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 VIOLATIONS. THE FINE FOR SUCH REOCCURRENCE SHALL BE A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00) PER DA Y, PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST." MOTION BY BOARD MEMBER THOMPSON. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: CHAIRPERSON L YZEN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: REGULAR AGENDA ITEMS 'M', 'N', AND '0' WERE DISCUSSED CONCURRENTL Y, FOLLOWED BY THE REMAINDER OF THE AGENDA. .:. .:. III. REGULAR REGULAR M. CASE #03-0003730 60S Pearl Road Jamie Costa Section 13-2. (b) (Discarded Building Materials) Captain Tolleson reported the dates that citations were issued; presented photographs to the Board; and stated that "The certified notices were sent and returned unclaimed as of September 5,2003, the property was posted by Officer [Jose] Romero on September 6,2003. It is currently not in Compliance and we are asking for a 'Finding of Fact' and 'Relief Order'." FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMIE COSTA, CODE ENFORCEMENT BOARD NUMBER 03-0003730, 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 16,2003 PAGE 5 OF 14 BASED UPON THE JEVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, JAMIE COSTA WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-S9. OF THE CITY CODE THAT A VIOLATION OF SECTION 13-2. (b) [DISCARDED BUILDING MATERIALS] OF THE CITY CODE EXISTED, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED, (4) THAT THE ViOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-S9. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLATOR WAS NOT PRESENT AT THIS HEARING, (S) AND THAT THE VIOLATIONS CONTINUE TO EXIST UPON THE VIOLATORS PROPERTY, AND I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER MATISAK. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER THOMPSON : AYE VICE CHAIRMAN PITTS: AYE CHAIRPERSON L YZEN: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMIE COSTA, CODE ENFORCEMENT BOARD NUMBER 03-0003730, THE VIOLATOR, JAMIE COSTA, HAVING BEEN FOUND IN VIOLATION OF SECTION 13-2. (b) [DISCARDED BUILDING MA TERIALS] OF THE CITY CODE. I MOVE THE VIOLATOR BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF' THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED A FINE OF $2S0.00 WILL BE IMPOSED PER DAY, 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 REGULAR MEETING - SEPTEMBER 16, 2003 PAGE 6 OF 14 FURTHERMORE, ANY AND 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 THE SAID VIOLATIONS. THE FINE FOR SUCH REOCCURRENCE SHALL BE A MAXIMUM OF $SOO.OO 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, THE CLERK OF THE CODE ENFORCEMENT BOARD WILL BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER MA TISAK. DISCUSSION. VOTE: CHAIRPERSON L YZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WARNER: AYE MOTION CARRIED REGULAR N. CASE #03-0003731 60S Pearl Road Jamie Costa Section 13-1. & 13-2. (c) (Public Nuisance) FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMIE COSTA, CODE ENFORCEMENT BOARD NUMBER 03-0003731, 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 THE 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-S9. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 13-1. & 13-2. (c) [PUBLIC NUISANCE] OF THE CITY CODE EXISTS, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 7 OF 14 (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN A TIME PROVIDED, (4) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-S9. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THE VIOLATOR WAS NOT PRESENT AT THIS HEARING, (S) AND THAT SAID VIOLATION EXISTS UPON THE VIOLATORS PROPERTY, I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER THOMPSON. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER MA TISAK: AYE MOTION CARRIED. AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMIE COST A, CODE ENFORCEMENT BOARD NUMBER 03-0003731, THE VIOLATOR, JAMIE COSTA, HAS BEEN ]FOUND TO BE IN VIOLATION OF SECTIONS 13-1. & 13-2. (c) [PUBLIC NUISANCE] OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN TWO (2) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED A FINE OF $2S0.00 WILL BE IMPOSED PER DA Y, PER VIOLATION, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION UPON COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARIL Y GIVING THE VIOLA TOR AN OPPORTUNITY TO CORRECT SAID VIOLATIONS. THE FINE FOR SUCH REOCCURRENCE SHALL BE A MAXIMUM OF $SOO.OO 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 BE DIRECTED TO RECORD A CERTIFIED COpy OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 8 OF 14 FLORIDA." MOTION BY BOARD MEMBER THOMPSON. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VICE CHAIRPERSEN PITTS SAID, "I THINK WE OUGHT TO BE CONSISTENT ON THE NUMBER OF DAYS." BOARD MEMBER THOMPSON SAID, "I WILL AMEND THE DAYS FROM TWO (2) TO SEVEN (7)." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE (ON THE AMENDMENT): BOARD MEMBER THOMPSON: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER MA TISAK: AYE CHAIRPERSON L YZEN : AYE MOTION CARRIED. VOTE (ON THE MOTION AS AMENDED): BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER KREBS: AYE CHAIRPERSON L YZEN: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. REGULAR O. CASE #03-0003732 60S Pearl Road Jamie Costa Section 13-2. (d) (Duty of Owner) FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMIE COSTA, CODE ENFORCEMENT BOARD NUMBER 03-0003732, 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: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 9 OF 14 (1) THAT THE VIOLATOR, JAMIE COSTA WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-S9. OF THE CITY CODE THAT A VIOLATION OF SECTION 13-2. (d) [DUTY OF OWNER] OF THE CITY CODE EXISTED, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLA TION WITHIN THE TIME PROVIDED, (4) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-S9. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLA TOR WAS NOT PRESENT A T THIS HEARING, (S) AND THAT SAID VIOLATION CONTINUES TO EXIST UPON THE VIOLATORS PROPERTY, AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KREBS. SJECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: CHAIRPERSON L YZEN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON : AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMIE COST A, CODE ENFORCEMENT BOARD NUMBER 03-0003732 - HAVING BEEN FOUND IN VIOLATION - THEREFORE I MOVE THE VIOLATOR BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE PERIOD OF TIME PROVIDED A FINE OF $2S0.00 SHALL BE IMPOSED PER DAY, PER VIOLATION, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR OF THE CITY OF WINTER SPRINGS. I FURTHER MOVE THAT THE VIOLATOR BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATIONS OF THIS SECTION OF THE CITY CODE SHALL BE CONSIDERED A REOCCURRING OR REPEAT VIOLATION REQUIRING FURTHER PROCEEDINGS BEFORE THIS BOARD WITHOUT THE NECESSITY OF GIVING THE VIOLATOR A REASONABLE TIME TO CORRECT SUCH FUTURE VIOLATIONS. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 10 OF 14 ADDITIONALLY, IF SUCH REPEAT VIOLATIONS IS FOUND TO HAVE EXISTED A FINE SHALL BE IMPOSED IN THE AMOUNT OF $SOO.OO PER DAY, PER VIOLA TION, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST AND IF THE VIOLA TION IS NOT CORRECTED WITHIN THE TIME PROVIDED ABOVE, THE CLERK OF THE CODE ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COpy OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER MA TISAK. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE CHAIRPERSON L YZEN: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. REGULAR A. CASE #03-00034S8 23S Stoner Road Michael Mallin Section Chapter S (Removal Of Tree(s) Without A Permit) Continuation Captain Tolleson advised the Board that he has received a "Signed contract with Sun State Tree Service and Mr. Mallin to - bring that area back to its natural state". Ms. Seivers swore in Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department and Mr. Michael Mallin who may be providing testimony during the presentation of this case. Mr. Mingea addressed the Board's questions. Tape I/Side B Captain Tolleson presented photographs to the Board. Mr. Michael Mallin, 235 Stoner Road, Winter Springs, Florida: addressed the Board's questions. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE II OF 14 RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MICHAEL MALLIN, CODE ENFORCEMENT BOARD NUMBER 03-00034S8, THE VIOLATOR, MICHAEL MALLIN, HAVING BEEN FOUND TO BE IN VIOLATION OF CHAPTER S [REMOVAL OF TRJEE(S) WITHOUT A PERMIT] - OF THE CITY CODE, I MOVE THAT THE VIOLATOR BE GIVEN SIXTY (60) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THAT PERIOD OF TIME A FINE OF FIFTY DOLLARS ($SO.OO) PER DAY UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS, FURTHERMORE, ANY AND 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 REOCCURRENCE SHALL BE THE MAXIMUM - ALLOWED - PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLA TION IS FOUND TO EXIST, AND IF THE VIOLA TION IS NOT CORRECTED WITHIN THE TIME PROVIDED THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORD FOR SEMINOLE COUNTY FLORIDA. FINALLY AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLA TOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY. FURTHERMORE - THE BOARD HAS BEEN PRESENTED WITH AN ESTIMATE FROM 'SUN TREE SERVICES AND PROPERTY MAINTENANCE', AN ESTIMATE _ THE TOTAL OF $23,290.00 HAS BEEN PRESENTED AND THE BOARD FINDS THAT WHEN THIS WORK IS COMPLETE THAT THE VIOLATOR WILL HAVE MET HIS DUTY ON THE SITUATION." MOTION BY BOARD MEMBER MATISAK. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. CHAIRPERSON L YZEN SAID TO BOARD MEMBER MA TISAK, "WHEN YOU SAID CHAPTER S, I THINK - AFTER THAT IT SHOULD BE 'REMOVAL OF TREES'." BOARD MEMBER MATISAK SAID, "SURE." CHAIRPERSON LYZEN ASKED, "SO DO YOU WANT TO AMEND THAT TO PUT 'REMOVAL OF TREES' IN?" BOARD MEMBER MATISAK STATED, "YES." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE (ON THE AMENDMENT): CHAIRPERSON L YZEN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. VOTE (ON THE MOTION AS AMENDED): CHAIRPERSON L YZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 12 OF 14 .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. III. REGULAR REGULAR B. CASE #03-0003080 76S South Edgemon Avenue Theresa Nicosia Trustee FBO Theresa A. Nicosia Section 20-433. (Unlicensed Motor Vehicle) Continuation REGULAR D. CASE #03-0003208 74 South Cortez Avenue Charles A. White & Arthur Waldman & Elaine B. Waldman Section 13-2. (Untended Grass And Weeds) REGULAR E. CASE #03-0003431 216 Albert Street Rebecca C. Patrick Section 13-2. (Untended Grass And Weeds) Section 9-374. (No House Numbers) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16,2003 PAGE 13 OF 14 REGULAR F. CASE #03-0003449 1111 Deer Run Drive Jeffrey & Christina M. Ruetschi Section 6-19S. (Fence In Disrepair) REGULAR G. CASE #03-00034S0 1113 Deer Run Drive Stephen D. & Joann Grisetti Section 6-19S. (Fence In Disrepair) REGULAR H. CASE #03-0003462 100 Cory Lane Jeffrey T. Kiser Also: Atlantic Plumbing Design Inc. Section 20-431. & 20-432. (Commercial Vehicle) REGULAR I. CASE #03-0003488 200 Nandina Terrace Julianne Hall Section 6-46. (No Building Permit - Fence) REGULAR J. CASE #03-000349S 894 Benchwood Drive Terrance B. & Deborah R. Alday Section 20-411. (Trailer) Section 20-433. (Unlicensed Trailer) REGULAR K. CASE #03-0003S2S S04 David Street Mema L CAva Tenant: Nemesio Solis Section 20-433. (Disabled & Unlicensed Motor Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 16, 2003 PAGE 14 OF 14 REGULAR L. CASE #03-000370S 40S South Hawthorne Circle Mark E. Boward Section 20-411. (Trailer - Oversized) REGULAR P. CASE #03-0003786 719 Wildwood Drive Lisa R. Barron Management: Judith A. Sackett Section 6-46. (No Building Permit - Plumbing, Electrical, Replacing Wood (Misc) IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS Captain Tolleson reported that at the last City Commission Meeting, the City Commission approved an Ordinance related to the Code Enforcement Board also serving as the Nuisance Abatement Board. VI. ADJOURNMENT Chairperson Lyzen adjourned the Meeting at 8:24 p.m. RESPECTFULLY SUBMITTED BY: kiP IWM NICOLE SEIVERS ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the ;(hU. /g . 2003 Code Enforcement Board Meeting.