HomeMy WebLinkAbout2004 01 20 Finding of Fact/Relief Order - 1114 Shadoawbrook Trail
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
Website: www.winterspringsfl.org
ORDER OF THE CODE ENFORCEMENT BOARD
CASE NUMBER: 03-0004709
CERTIFIED: 7003 1680 0001 8538 1935
CERTIFIED: 7003 1680 0001 8538 1911
OWNER:
Michael H. Gerken and Debbie J. Gerken
1114 Shadowbrook Trail
Winter Springs, Florida 32708
Chapter 5-18. [No Arbor Permit]
The Code Enforcement Board of the City of Winter Springs, Florida, sat in Hearing on January
20, 2004 in the matter of Michael H. Gerken and Debbie J. Gerken to determine whether they
are in Violation of Chapter 5 [Removal Of Trees Without A Permit] of the Code of the City
of Winter Springs, Florida. Upon Hearing all evidence on the matter, the Board arrived at the
following:
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:
(1) 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; and
(2) That the Violators were present at this Hearing; and
(3) 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."
CITY OF WINTER SPRINGS
CODE ENFORCEMENT BOARD
CASE NUMBER 03-0004709
JANUARY 20, 2004
PAGE 2 OF 2
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.
"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."
This 20th day of January, 2004.
es Pitts, Chairman
ode Enforcement Board
City of Winter Springs