HomeMy WebLinkAbout2004 01 20 Finding of Fact/Relief Order - 1114 Shadowbrook Traili
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: 03-0004710
CERTIFIED: 7003 1680 0001 8538 1928
CERTIFIED: 7003 1680 0001 8538 1904
OWNER: Michael H. Gerken and Debbie J. Gerken
1114 Shadowbrook Trail
Winter Springs, Florida 32708
Chapter 5-18. [Removal of a Specimen - 26 Inch
Pine Tree)
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 a Specimen - 26 Inch Pine Tree) 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 03-0004710, 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:
(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."
i
CITY OF WINTER SPRINGS
CODE ENFORCEMENT BOARD
CASE NUMBER 03-0004? 10
JANUARY 20, 2004
PAGE 2 OF 2
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 atwenty-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."
"To pay the fine instead of -making payments."
This 20th day of January, 2004.
t
J e~ Pitts, Chairman
ode Enforcement Board
ity of Winter Springs