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HomeMy WebLinkAbout2003 05 20 Consent A. Approval of the April 15, 2003 Regular Meeting MinutesCITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 15, 2003 I. CALL TO ORDER Chairperson Lurene Lyzen called the Regular Meeting to order at 7:00 p.m. on Tuesday, April 15, 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 Greg Roero, present Board Member Greg Thompson, present Board Member Mervin Warner, present Board Member Jerry Ross, 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", "B" and "H" 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 February 18, 2003 Regular Meeting Minutes. Chairperson Lyzen requested a Motion to approve the Minutes of February 18, 2003. ~`~ ~~ ~7C~ .r,~ C~ "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEET[NG -APRIL 15, 2003 PAGE 2 OF 10 VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON LYZEN: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. • • III. REGULAR REGULAR A. CASE #CEB-03-0001927 231 North Third Street Christina Fuentes Section 20-433. (Unlicensed Motor Vehicles - 3) Captain Tolleson reported the dates that citations were issued and stated that "The property was posted, and certified -sent as of February 21, 2003." Captain Tolleson stated that the Violator is not in Compliance and asked fora "Finding of Fact" and an appropriate "Relief Order." Brief discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CRISTINA FUENTES, CODE ENFORCEMENT BOARD NUMBER CEB - 03-0001927, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN DESCRIPTIVE INFORMATION PREPARED BY THE CODE ENFORCEMENT INSPECTOR, AND HEARD AT THIS MEETING 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, CHRISTINA FUENTES WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTION 20-433. [UNLICENSED MOTOR VEHICLE] - OF THE CITY CODE EXISTED; THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED, ``~~''~ ~i ~- -_..J CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2003 PAGE 3 OF 10 (3) 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 AND THAT SAID VIOLATIONS DO EXIST UPON THE VIOLATORS PROPERTY AS OF THIS HEARING; ~~.~ t"" I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROSS. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSON LYZEN: AYE BOARD MEMBER ROSS: 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 CRISTINA FUENTES, CODE ENFORCEMENT BOARD NUMBER CEB - 03-0001927, THE VIOLATOR, CRISTINA FUENTES, HAVING BEEN FOUND IN VIOLATION OF SECTION 20-433. [UNLICENSED MOTOR VEHICLES] OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY, PER VIOLATION, PER CAR 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 SUCH VIOLATIONS. THE FINE FOR SUCH REOCCURRANCE SHALL BE A MAXIMUM OF $250.00 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 COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2003 PAGE 4 OF 10 VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROERO: AYE a"r:~ VICE CHAIRMAN PITTS: AYE CHAIRPERSON LYZEN: AYE ~ BOARD MEMBER ROSS: AYE ~ MOTION CARRIED. ~-~ ~~ REGULAR B. CASE #03-0001993 883 Chokecherry Drive Melvin F. & Ardis J. Reihs Sections 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson presented his case to the Board and stated "The property has been posted, certified mail has been sent and signed for as of February 25, 2003. They are currently in Compliance and we are only asking fora `Finding of Fact"'. Brief discussion. Mr. Melvin F. Reihs, 883 Chokecherry Drive, Winter Springs, Florida: asked the Members of the Board as to why he had to remove the truck and whether putting it in the garage would be acceptable. Mr. Reihs also stated that he would require some time to lower the racks on his trucko Mr. Joel Reihs, 883 Chokecherry Drive, Winter Springs, Florida: addressed the Board. Following some discussion, Mr. Reihs agreed to have the racks lowered within ten (10) days and to park the vehicle in his garage. Brief discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MELVIN F. AND ARDIS J. REINS. CODE ENFORCEMENT BOARD NUMBER CEB 03-0001993, 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 MELVIN F. REINS. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2003 PAGE 5 OF 10 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT, MELVIN F. AND ARDIS J. REIHS, WERE 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 THEIR PROPERTY, AND WERE PROVIDED REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATORS ARE NOT IN VIOLATION OF THE STATED SECTION OF THE CITY CODE AT THIS TIME; I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE, (3) THAT THE VIOLATORS 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 VIOLATORS FURTHER TIME TO CORRECT SUCH VIOLATIONS. IF SUCH REPEAT VIOLATION IS FOUND TO EXIST A FINE SHALL BE IMPOSED IN THE AMOUNT OF TWENTY FIVE DOLLARS ($25.00) PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY VIOLATION WAS AGAIN FOUND TO EXIST. FINALLY, AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THiS ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY. FURTHER THE VIOLATOR HAS TEN (10) DAYS TO COME INTO COMPLIANCE PRIOR TO THE MOTION BEING ENFORCED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER ROSS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Brief discussion. REGULAR H. CASE #03-0002397 102 South Moss Road Carlos A. & Ana G. Cruz Chapter 5 (No Arbor Permit) °"C~ "~,"'.~ "•'r.~ CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2003 PAGE 6 OF 10 Captain Tolleson reported the date the citations were issued and that "The property was posted, certified mail sent and signed for by Ana G. Cruz on April 4, 2003" and asked for "A `Finding of Fact' and an appropriate `Relief Order' as allowed by Florida Statutes Chapter 162 in these cases which is $5,000.00." Discussion. Mr. Michael Mingea, Forester/Environmental Inspector, Community Development Department was questioned by Captain Tolleson regarding the regulations set forth in Ordinance 2002-08, for removing a specimen tree. Mr. Mingea then answered questions from various Members of the Board. Ms. Cathy Davidson, Code Enforcement Officer, Police Department testified concerning this case. Further discussion. Mr. Carlos A. Cruz, 102 South Moss Road, Winter Springs, Florida: spoke of wanting the tree trimmed because of his concern for the safety of his home. Discussion. Ms. Davidson clarified that on her first encounter with Mr. Cruz, she informed him that "If he continued to cut on the tree" he could be fined up to $5,000.00. Discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CARLOS A. AND ANA G. CRUZ, CODE ENFORCEMENT BOARD NUMBER CEB 03-0002397, 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 - CARLOS A. CRUZ AND THE CITY ARBORIST. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, CARLOS A. AND ANA G. CRUZ WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF CHAPTER 5 (NO ARBOR PERMIT) - OF THE CITY CODE EXISTED, AND THE VIOLATORS WERE PROVIDED REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATIONS WITHIN THE TIME PROVIDED, f~ G '~ C~ C.~ CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -- APRIL 15, 2003 PAGE 7 OF 10 (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 VIOLATORS ARE PRESENT AT ~"C.~ THIS HEARING AND THAT THE VIOLATION EXISTED UPON THE VIOLATOR'S PROPERTY. `~ "rCa I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED ~~ IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROSS. SECONDED BY BOARD MEMBER THOMPSON. DISCUSSION. VOTE: BOARD MEMBER ROSS: NAY BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. Discussion. RELIEF ORDER -ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CARLOS A. AND ANA G. CRUZ, CODE ENFORCEMENT BOARD NUMBER CEB 03-0002397, THE VIOLATORS, CARLOS A. AND ANA G. CRUZ, HAVING BEEN FOUND IN VIOLATION OF CHAPTER 5 (NO ARBOR PERMIT) OF THE CITY CODE. I MOVE THAT THE VIOLATORS BE FINED $2,500.00 PER VIOLATION. FINALLY, AS THE VIOLATOR -VIOLATORS ARE PRESENT AT THIS HEARING AND HAVE HEARD THIS ORDER OF THIS BOARD I FURTHER MOVE THAT THE VIOLATORS BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER WARNER, SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROSS: NAY CHAIRPERSON LYZEN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2003 PAGE 8 OF 10 Discussion ensued regarding Ordinance 2002-08, and that it had not been referenced in the "Relief Order". "I WOULD LIKE TO ADD ORDINANCE 2002-08 TO THE RELIEF ORDER." MOTION BY BOARD MEMBER WARNER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROSS: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON LYZEN: AYE MOTION CARRIED. AMENDED RELIEF ORDER -ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CARLOS A. AND ANA G. CRUZ, CODE ENFORCEMENT BOARD NUMBER CEB 03-0002397, THE VIOLATORS, CARLOS A. AND ANA G. CRUZ, HAVING BEEN FOUND IN VIOLATION OF CHAPTER 5 (NO ARBOR PERMIT) OF THE CITY CODE, ORDINANCE 2002-08. I MOVE THAT THE VIOLATORS BE FINED $2,500.00 PER VIOLATION. FINALLY, AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THIS ORDER OF THIS BOARD I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." Brief discussion. • • AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. • • REGULAR C. CASE #03-0002052 45 South Edgemon Avenue Danny White Sections 20-431. & 20-432. (Commercial Vehicle) ~d r-v 0 c r,~r CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2003 PAGE 9 OF 10 REGULAR D. CASE #03-0002144 218 Albert Street Joseph O. & Tina M. Landers G,1 Tenant: Joe Landers Section 13-2. (c) (Untended Grass And Weeds) ..,r, Ci REGULAR E. CASE #03-0002176 1447 Forest Hills Drive Brian J. & Caitlin MacMahon Section 6-46. (No Building Permit -Driveway) REGULAR F. CASE #03-0002330 Behind Badcock Plaza Aggarwal Pension Trust Fund Section 6-195. (Fence In Disrepair) Section 20-231. (Neighborhood Commercial Districts) Section 20-239. (Wall Buffers Between Commercial And Residential Development) REGULAR G. CASE #03-0002396 209 Bennett Street Howard R. & Ann Teicher Sections 20-431. & 20-432. (Commercial Vehicle; IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS Chairperson Lyzen requested the Board Members attendance at the next City Commission Meeting. VI. ADJOURNMENT Chairperson Lyzen adjourned the Meeting at 8:30 p.m. RESPECTFULLY SUBMITTED BY: ~~l C'C?"~~ '~ 1 ~!~' 2 NICOLE SEIVERS ASSISTANT TO THE DEPUTY CITY CLERK CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2003 ~"~~ PAGE 10 OF 10 e- O .~"~ "s-~ C..1 Boards and Committees\Code Enforcement Board\ALLLUv1INUTES\041503 REGULAR.doc NOTE: These Minutes were approved at the , 2003 Code Enforcement Board Meeting.