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HomeMy WebLinkAbout2004 01 20 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 20, 2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order at 7:00 p.m. on Tuesday, January 20, 2004, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman James Pitts, present Board Member Dick Crenshaw, present Board Member Paul Krebs, present Board Member Mathew Matisak, present Board Member Greg Roero, absent Board Member Greg Thompson, present Vice Chairman Mervin Warner, present Chairman Pitts led the Pledge of Allegiance. Chairman Pitts inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes, we do. Tonight we are going to hear 'A' - Case 02748 and Cases 'F' and 'G'; 034709 and 034710," City Clerk Andrea Lorenzo-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. .:. .:. II. REGULAR AGENDA REGULAR A. CASE #02-0000748 321 Cello Circle Michelle K. Mason (Law Offices Of David J. Stern, P.A.) Section 13-2(c). (Untended Grass And Weeds) (Request Reduction Of Lien) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 20, 2004 PAGE 2 OF9 Captain Tolleson stated, "The property went thirty (30) days in violation and a lien was filed for Seventy-Five Hundred Dollars ($7,500,00) on August 18,2003. Ms. Bishop is here tonight asking for a reduction in lien to resolve this matter." Ms, Nancy Bishop, Attorney, Representative of National City Manufacturer: Ms. Bishop representing National City Manufacturer requested a reduction in the lien. Discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS NATIONAL CITY MANUFACTURER, CODE ENFORCEMENT BOARD NUMBER 02- 0000748, THE CODE ENFORCEMENT [BOARD] HAS HEARD THE TESTIMONY OF NANCY BISHOP IN THE MATTER OF A REQUEST FOR A REDUCTION OF LIEN. A MOVE, BASED ON THE TESTIMONY GIVEN AND SOME DISCUSSION BY THE BOARD, THAT WE REDUCE THE LIEN FROM SEVENTY-FIVE HUNDRED DOLLARS ($7,500.00) TO ONE THOUSAND DOLLARS ($1,000.00)." MOTION BY BOARD MEMBER MATISAK. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: BOARD MEMBER MA TISAK: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN W ARNER: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW : AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. REGULAR F. CASE #03-0004709 1114 Shadowbrook Trail Michael H. And Debbie J. Gerken Chapter 5-4 (No Arbor Permit) (Ordinance 2003-22) Captain Tolleson briefly discussed Ordinance 2003-22 [Arbor Ordinance], CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 20, 2004 PAGE 3 OF 9 Next, Captain Tolleson stated, "The cases that you have heard were under the old Arbor Ordinance of 2002. During that time, it has gone through a panel - the Florida Institute and UCF (University of Central Florida) - addressing a lot of the things that we talked about in these previous cases. What they have done is they [City Commission] came back with Ordinance 2003 - for the next two cases. For the record, I would like to enter the packet that will - go along with tonight's cases." Chairman Pitts asked, "When was the new Ordinance effective?" Captain Tolleson responded, "The effective date of the new Ordinance - October 13, 2003." Discussion. Captain Tolleson presented this case to the Board. Captain Tolleson stated, "We are asking for Finding of Fact and appropriate Relief as allowed by Ordinance 2003-22, Section 5-18.(b)(1), Mr. Michael Mingea, City ArboristlEnvironmental Inspector, Community Development Department, gave his testimony on the investigation. The Board proceeded to address questions to Mr. Mingea regarding the case. Mr. Michael H. Gerken and Ms, Debbie J Gerken, 1114 Shadowbrook Trail, Winter Springs, Florida: addressed the Board. Brief discussion. Tape IISide 8 Mr. Perry Martin, 1027 Winding Waters Circle, Winter Springs, Florida: as Mr. Martin resides behind Mr. and Mrs. Gerken, he gave testimony regarding the tree in question. With discussion, Captain Tolleson stated, "These concerns ~ irrelevant and I ask that this be stricken from the record." Discussion ensued with the Board and Mrs. Gerken regarding an emergency procedure to remove the tree. Chairman pitts stated, "Suggest a Finding of Fact - there is no question there was a violation of the Arbor Ordinance as far as cutting down the tree without a permit." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 20, 2004 PAGE40F9 FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MICHAEL H. GERKEN AND DEBBIE J. GERKEN, CODE ENFORCEMENT BOARD NUMBER 03-0004709, 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, MR. MINGEA, THE [CITY] ARBORIST, AND MR. AND MRS. MICHAEL AND DEBBIE GERKEN." "BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED IN THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT THE VIOLATORS, MICHAEL AND DEBBIE GERKEN WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE OF THE HEARING, BEFORE THE CODE ENFORCEMENT BOARD." "THAT THE VIOLATORS WERE PRESENT AT THIS HEARING, AND THAT THE SAID VIOLATIONS EXISTED AND CONTINUES TO EXIST UPON THE VIOLATOR'S PROPERTY." "I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER MATISAK. SECONDED BY VICE CHAIRMAN WARNER. DISCUSSION. VOTE: VICE CHAIRMAN WARNER: AYE BOARD MEMBER MATISAK: AYE BOARD MEMBER THOMPSON: AYE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED Discussion ensued regarding establishing a fine. RELIEF ORDER - ORDER OF THE BOARD: "CASE 03-0004709 REGARDS TO A TREE AT 1114 SHADOWBROOK TRAIL PROPERTY OWNED BY MICHAEL H. AND DEBBIE J. GERKEN THAT NO PERMIT WAS ISSUED FOR A REMOVAL OF A TREE. ACCORDING TO OUR FINDINGS, WITHOUT A PERMIT, WE HEREBY FOLLOW THE NEW GUIDELINES OF A FIVE HUNDRED DOLLAR ($500.00) FINE AS OUTLINED IN THE NEW ORDINANCE." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 20, 2004 PAGE50F9 "FURTHERMORE, ANY AND ALL FUTURE REFERENCES 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 SAID VIOLATIONS." "FINALLY, AS THE VIOLATOR IS PRESENT AT THIS 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." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY VICE CHAIRMAN WARNER. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER THOMPSON: AYE BOARDMEMBERMATISAK: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN WARNER: AYE MOTION CARRIED REGULAR G. CASE #03-0004710 1114 Shadowbrook Trail Michael H. And Debbie J. Gerken Chapter 5 (Removal Of A Specimen - 26 Inch Pine Tree) Captain Tolleson gave his report on the investigation. Captain Tolleson indicated, "We cannot testify whether it was or was not damaged to the - extent that it would necessitate being taken down. We have provided testimony tonight from Mr. and Mrs. Gerken, and Mr. Martin. You have heard testimony from the City Arborist, Mr. Mingea. For the record, in this particular case, - Arbor Ordinance 5-18. for your reference, the signed cards from certified mail." Mr. Mingea, City Arborist/Environmental Inspector, Community Development Department, gave his testimony on the investigation. The Board proceeded to address questions to Mr. Mingea regarding the option of replacing the tree or providing funds for a tree bank. Discussion. Tape 2/Side A Brief discussion ensued regarding the size of tree replantings. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 20, 2004 PAGE60F9 FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MICHAEL H. GERKEN AND DEBBIE J. GERKEN, CODE ENFORCEMENT BOARD NUMBER 03-0004710, 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, MR. MINGEA, THE [CITY] ARBORIST, AND MR. AND MRS. MICHAEL AND DEBBIE GERKEN." "BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED IN THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT THE VIOLATORS, MICHAEL AND DEBBIE GERKEN WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE OF THE HEARING, BEFORE THE CODE ENFORCEMENT BOARD." "THAT THE VIOLATORS WERE PRESENT AT THIS HEARING, AND THAT THE SAID VIOLATIONS EXISTED AND CONTINUES TO EXIST UPON THE VIOLATOR'S 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 KREBS. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GREG THOMPSON : AYE CHAIRMAN PITTS: AYE BOARD MEMBER MATISAK: AYE MOTION CARRIED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 20, 2004 PAGE70F9 AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MICHAEL [H). AND DEBBIE [J.] GERKEN, [CODE ENFORCEMENT NUMBER 03-004710] THE VIOLATORS MICHAEL AND DEBBIE GERKEN, HAVING BEEN FOUND GUILTY IN VIOLATION OF CHAPTER 5 OF THE CITY CODE MOVE THAT THE VIOLATORS BE FINED IN ACCORDANCE WITH SECTION 5-18. (B) (3) THAT A SPECIMEN TREE WAS REMOVED WITHOUT A PERMIT AND THAT IT WAS A TWENTY-SIX INCH (26") SPECIMEN TREE AT ONE HUNDRED DOLLARS ($100.00) PER INCH, FOR A FINE OF TWO THOUSAND SIX HUNDRED DOLLARS ($2,600.00)." "THAT THE VIOLATORS BE GIVEN SIXTY (60) DAYS TO MAKE PAYMENT ON THIS FINE." "THE VIOLATORS ARE PRESENT AT THIS HEARING AND HAVE HEARD THE ORDER OF THIS BOARD; I FURTHER MOVE THAT THE VIOLATOR[S] BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." CHAIRMAN PITTS ADDED TO THE MOTION, "TO PAY THE FINE INSTEAD OF - MAKING PAYMENTS." MOTION BY BOARD MEMBER MATISAK. SECONDED BY VICE CHAIRMAN WARNER. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER KREBS: NAY CHAIRMAN PITTS: NAY VICE CHAIRMAN WARNER: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED Chairman Pitts stated, "If the Ordinance was passed in October, how come we still do not have it?" City Clerk Lorenzo-Luaces, responded, "There is a copy in each of your Code of Ordinances." Chairman Pitts indicated, "We have never gotten a copy of one." City Clerk Lorenzo-Luaces stated, "I will make sure you all get one. We will send you one tomorrow. " CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 20, 2004 PAGE 8 OF 9 .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. II. REGULAR AGENDA REGULAR B. CASE #03-0004283 909 Antelope Trail Carlos M. And Ana C. Gonzalez Section 20-411. (RV - Oversized) REGULAR C. CASE #03-0004309 214 South Moss Road Theresa M. Mandigo Section 6-195. (Fence in Disrepair) REGULAR D. CASE #03-0004451 639 Pearl Road Risher Properties LLC Section 6-46. (No Building Permit - Roof And Windows) REGULAR E. CASE #03-0004509 867 Big Buck Circle Sandomar And Cecilia Kiyanitza Section 13-2. (Debris And Materials) III. FUTURE AGENDA ITEMS This Agenda Item was not discussed. IV. REPORTS Chairman Pitts indicated that, "Mathew [Board Member Matisak] put together a memo that we were going to consider tonight - to go to the City Commission referencing our situation as it relates to enforcement policies and guidelines for Arbor." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 20, 2004 PAGE 9 OF 9 Discussion ensued regarding Code Enforcement issues brought up at the last City Commission meeting. Captain Tolleson commented, "You all are doing a fabulous job. I told the Board and I told the [City] commission. With discussion, Chairman Pitts stated, "I think you are doing a [great] - job. I have no complaints at all." Captain Tolleson replied, "I thank you Mr. Chairman." Commissioner Michael S. Blake: introduced himself for the record not as a Commissioner to speak on behalf of the Commission, but to speak as an individual. Commissioner Blake commented on the need for Boards to have more opportunities for formal training and clarified his position on how he feels regarding the job the Code Enforcement Board is doing, Chairman Pitts stated, "Weare very delighted that you did take the time to speak and I - think it does help us understand the relationship between ourselves and the City Commission and what we are trying to accomplish; what the City is trying to accomplish." Chairman Pitts added, "I would still like to see this [memo from Board Member Matisak] forwarded to the City Commission, Would you [City Clerk Lorenzo-Luaces], with our endorsement, forward this to the Commissioners - for them to review and consider as a possible - current Arbor Ordinance?" City Clerk Lorenzo-Luaces responded, "Yes sir," Captain Tolleson stated, "I will provide Mr. Mingea with a copy of it [memo]. V. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at 9:00 p.m. RESPECTFULLY SUBMITTED BY: ~~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the February 17,2004 Code Enforcement Board Meeting.