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Home My WebLink About2002 08 12 Informational H Normal Practices Related to Code Enforcement Board , '. COMMISSION AGENDA ITEM H Consent Informational X Public Hearing Regular lY August i 2002 Regular Meeting ~~<\., / .r -.. " V\ Mgr. / ..pept. Authorization REQUEST: The City Clerk is informing the City Commission of normal practices related to Code Enforcement Board "Findings of Fact" and "Relief Orders" and how violators are notified by the City of Winter Springs. PURPOSE: As a result of discussion during the July 22, 2002 Regular Meeting, this Agenda Item is being forwarded to the City Commission to provide information related to decisions made by the Code Enforcement Board and the notification of violators. CONSIDERATIONS FROM JULY 22, 2002: The following is a draft and unapproved excerpt from the July 22, 2002 Regular Meeting Minutes, specifically from the discussion which pertained to the following Agenda Item: CITY OF WINTER SPRINGS C[TY COMMISSION REGULAR MEETING - AUGUST 12,2002 INFORMATIONAL AGENDA ITEM "H" PAGE20F3 REGULAR B. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Chanh Nguyen For Forgiveness For A Code Enforcement Lien Of $186,000.00 Against His Property. Commissioner McLeod asked if notification was made by Certified Mail and added, "Mr. Manager, would it not be wise that we send this kind of a notification when we are levying a $250.00 a day fine against a piece of property as certified mail - to the property owner?" Manager McLemore stated, "Yes." Regarding notifying violators, Commissioner McLeod suggested to Manager McLemore that such a procedure be put into operation within thirty (30) days. Furthermore, regarding proof of notification, Mr. Carrington said to Commissioner McLeod, "I know that they were notified. Now, you asked me if they were notified by certified mail, return receipt requested and I honestly don't know the procedure, I can find out for you." Commissioner McLeod then stated, "And I basically asked that if we don't have that procedure, to put that procedure in place." Mayor Partyka then inquired, "Does this Commission agree with that last position?" Commissioner Martinez stated, "Sure." Deputy Mayor Gennell said, "By certified, return receipt, yes." Commissioner Blake stated, "I thought we already were doing that." Commissioner McLeod then stated, "And we may very well be doing that - I just want to make sure we have that procedure." GENERAL CONSIDERA TIONS: During Code Enforcement Board Meetings, when the Code Enforcement Board makes a "Finding of Fact" and then states their "Relief Order," this information is stated verbatim in the Minutes from the particular Meeting and the identical verbatim text is included in a document (printed on City letterhead) which is signed by either the Chairperson or the Vice Chairperson, and is then mailed to the violator(s). The document is typed usually the very next day after a Meeting, and certainly within three (3) business days of the Meeting, at the latest. All notices are mailed out via Certified Mail, Return Receipt Requested." CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - AUGUST 12,2002 INFORM A TIONAL AGENDA ITEM "I.j" PAGE30F3 Copies of this information and any receipts are kept with the original documents from the respective meeting. FUNDING: None. RECOMMENDATION: None, for informational purposes only. ATTACHMENTS: A. A draft (and unapproved) excerpt from the July 22, 2002 Regular Meeting Minutes. B. A copy of two (2) related "Relief Orders" (from the same case) and related mailing documentation. C. An excerpt from the June 18, 2002 Code Enforcement Board Meeting Minutes, related to the "Relief Orders" noted in Attachment "B." COMMISSION ACTION: .: , ", . ATTACHMENT "A" DRAFT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 7 OF 26 Discussion. Commissioner Blake said, "How would your client react to a requirement of annexing in the other portion of the property as part of that settlement?" Mr. Chanh Q. Nguyen, 4409 Steed Terrace, Winter Park, Florida: briefly addressed the Commission. Commissioner Blake then stated that his recommendation would be that "I would ask the rest of the Commission that in any settlement that we decide to make with the landowner, that we require as part of that agreement a requirement to annex in that adjacent parcel that is not currently in the City." Commissioner Blake further explained that "My requirement would be - the adjacent parcel that Mr. Ngyuen owns right here which is next to the one in question with the Code Enforcement action, that that be annexed in as part of the settlement." Commissioner McLeod asked if notification was made by Certified Mail and added, "Mr. Manager, would it not be wise that we send this kind of a notification when we are levying a $250.00 a day fine against a piece of property as certified mail- to the property owner?" Manager McLemore stated, "Yes." Tape 2/Side 8 Regarding notifying violators, Commissioner McLeod suggested to Manager McLemore that such a procedure be put into operation within thirty (30) days. Furthermore, regarding proof of notification, Mr. Carrington said to Commissioner McLeod, "I know that they were notified. Now, you asked me if they were notified by certified mail, return receipt requested and I honestly don't know the procedure, I can find out for you." Commissioner McLeod then stated, "And I basically asked that if we don't have that procedure, to put that procedure in place." Mayor Partyka then inquired, "Does this Commission agree with that last position?" Commissioner Martinez stated, "Sure." Deputy Mayor Gennell said, "By certified, return receipt, yes." Commissioner Blake stated, "I thought we already were doing that." Commissioner McLeod then stated, "And we may very well be doing that - I just want to make sure we have that procedure Discussion. Mr. James Meade, 5361 Young Pine Road, Orlando, Florida: addressed the Commission on what previously transpired with the property in question. Mayor Partyka stated for the record, "Mr. Meade called me up and explained this to me and I said, explain it to the Commission." ~ "'-c:J ~ K:_~ ~ '-' ATTACHMENT "B " CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 02-0000417 CERTIFIED: 70993220001049577757 RESPONDENT: Sunstate Trees, Inc 264 West State Road 434 Longwood, Florida 32750 Chapter 5 IRemoval of Tree Without a Permit - 16" Pinel The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on June 18, 2002 in the matter of Sunstate Trees to determine whether they are in violation of Chapter 5 [Removal of Tree Without a Permit - 16" Pinel of the Code of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: REVISED FINDING OF FACT: "In the case of City of Winter Springs versus Sunstate Trees, Code Enforcement Board Number CEll 02- 0000417, 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 and witnesses and violators. Based upon the evidence and testimony presented at this hearing, I move that the Code Enforcement Board find: (I) the violators Sunstate Trees was provided notice in accordance with Section 2-59. of the City Code that a violation of Section - 5 [No Arbor Permit] of the City Code existed upon their property, and further provided a reasonable time to correct said violation; (2) the Violators failed or refused to correct such violation within the time provided in the - of Violations; (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 that the Violator was present at this hearing; and (4) that said violation does in fact continue to exist upon the violator's property as of this hearing. I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board." REVISED RELIEF ORDER - ORDER OF THE BOARD: "In the case of City of Winter Springs versus Sunstate Trees, Inc., Code Enforcement Board Number CEB-02-0000-417, the Violator, Sunstate Tree, Inc., have been found to be in violation of - Section 5 (No Arbor Permit) of the City Code. I move that Violators be fmed $1,000.00 per violation, said fine should be paid within fifteen (IS) days of this order. Further any or all future recurrences after compliance has been achieved wiIl necessitate further proceedings before the Code Enforcement Board without necessarily giving the violator an opportunity to correct the violation. FinaIly, 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" Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement procedures to be instituted to accomplish this Order. d; This ),.f day of June, 2002. . ......:... ""'Ml.lnr'\. ",,~rr.r",r.r."',Ir.r\\ ^ If' H),..,;,..r()f'"I',..,~'1()()1\')nn1 (n.OOOO4 t 7 .- ...,..... .......-;..: '.; '!:' i,. ;..5=;"'::-~:~"':.. ......J. .~; ." . -........ ". . , ~ ' '-." ...".. " :. - ..' .:. l"- I"- ;;r I"- lr ;;r Postage $ Certified Fee I'Tl CJ CJ CJ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) CJ .-'l U1 CJ ' Total Postage & Fees Sent To -si;.;ei:A;,t:-NO,:''''-' ... ru or PO Box No, CJ CJ I"- -tiiy,' Sia'ie: Zlp+;j --- h. $ I ! i i I I", "".,:"",.,;;"p '-:::-' ,P,;S FO!!T1 qaoo. Jan.~arY ?001,:::" ;';'.,:, ".:' j-' ':' " " See Reverse for. Instructions ..:.:.2.- .' Sunstate Trees, Inc. 264 West State Road 434 Longwood, FL 32750 . .;.... .,:~:~':~:f."{~~:_<~!< .~:: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 ORDER OF THE CODE ENFORCEMENT BOARD CASE NUMBER: 02-0000417 CERTIFIED: 70020510000349747740 OWNER: Chelsea Park Homeowner's Association 1537 Breawich Street Winter Springs, Florida 32708 Chapter 5 IRemoval of Tree Without a Permit - 16" Pinel The Code Enforcement Board of the City of Winter Springs, Florida, sat in hearing on June 18,2002 in the matter of Chelsea Park Homeowner's Association to determine whether they are in violation of Chapter 5 IRemoval of Tree Without a Permit - 16" Pine] of the Code of the City of Winter Springs, Florida. Upon hearing all evidence on the matter, the Board arrived at the following: REVISED FINDING OF FACT: "In the case of City of Winter Springs versus Chelsea Park Homeowner's Association, Code Enforcement Board Number CEB 02-0000417, 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 and other sworn witnesses and/or violators. Based upon the evidence and testimony presented at this hearing, I move that the Code Enforcement Board fmd: (1) that Chelsea Park Homeowner's Association was provided notice in accordance with Section 2-59. of the City Code that a violation of Chapter 5 of the City Code existed upon their property, and further provided a reasonable time to correct said violation; (2) the Violators failed or refused to correct'such violation within the time provided in the Notice of Violation; (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 that the Violators were present at this hearing; and (4) that said violation does in fact continue to exist prior to inspection upon the violator's p.roperty as of this ~~. . I further move that an appropriate Relief Order be issued immediately by the Code Enforcement Board." REVISED RELIEF ORDER - ORDER OF THE BOARD: "In the case of City of Winter Springs versus Chelsea Park Homeowner's Association, Code Enforcement Board Number CEB-02-0000417, having been found to be in violation of - Chapter 5 of the City Code. I move that the Violators be given ninety (90 days) after notification to correcl this violation of the City Code. If violation is not corrected within the time provided a fine of two hundred and ,fifty dollars ($250.00) will be imposed, per violation until compliance is achieved as verified by a Code Enforcement Inspector for the City of Winter Springs. Furthermore, any or all future recurrences of this violation upon 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 a maximum of five hundred dollars ($500.00) 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. The Violator being 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." Now then, the Code Enforcement Board of the City of Winter Springs, Florida, instructs all enforcement procedures to be instituted to accomplish this Order. This t!-1---Q; day of June, 2002. City Clerk\BOARDS\CODEENFO\ALLL\ReliefOrders\2002\2002 02-0000417 061802,doc :'.~ .'. ....;:....:~:~~.:~: ~~1~:/~:...;.~.,;.;..2;..::~:.::.. .~J. .~.' ." ..l'l...... -.... . .,. . t.. .. c't. .. ......~ ... , D :3" l'- l'- :3" l'- IT' :3" Postage $ ....." ~ ...... J.':: Certified Fee n1 D D D Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ .....:.\.: D ..-'l Ul D Total Postage & Fees : . ~'~" . :. '. : Chelsea Park Homeowner's Association ,-- 1537 Breawick Street Winter Springs, FL 32708 , PS Form 3~00. January 2001. '. , See Reverse for Instructions Sent To OJ D D l'- 'St;.ee;:-;.pnio;" --, or PO Box No, .CiiY:Si.iie:ZIP+4---- ", ATTACHMENT "C" CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 2 OF 12 II. CONSENT CONSENT A. Approval Of The May 21, 2002 Regular Meeting Minutes. Chairperson Krebs requested a Motion to approve the Minutes. "SO MOVED." MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED, .:. .:. AGENDA NOTE: THE FOLLOWING CASE WAS ADDED TO THE AGENDA AND DISCUSSED AT THIS MEETING. .:..:. III. REGULAR ADD-ON REGULAR CASE #CEB-02-0000417 Ms. Cook entered into the record "The Statement of Violation and Notice of Hearing" for "Sunstate Trees and Chelsea Parc Homeowner's Association' which is the property owner". Ms. Cook stated further, "We have the green card back for Sunstate and although we don't have the return green card from Chelsea Pare that they are represented here this evening." Ms. Cook clarified the violation and location; and spoke of the past citations given to Sunstate Trees which were entered into the record. Deputy City Clerk. Debbie Gillepsie, swore in those persons who may be providing testimony during the presentation of tonight 's case. Mr. Michael Mingea, Environmental Inspector/City Forester, Code Enforcement Division, Community Development Department was asked by Ms. Cook whether he had met with representatives of Chelsea Pare Homeowner's Association to discuss the requirements for tree removal; if Chelsea Pare Homeowner's Association had "Pulled a Permit"; and whether he observed tree removal from the common area of Chelsea Pare. Mr. Mingea responded affinnatively and explained that when he saw the tree being CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE 3 OF 12 removed he stopped and asked the "Sunstate representative - for his Arbor Permit, he was unable to produce and asked him to call the office." Mr. Mingea requested a meeting with the company and prior to leaving the area he measured the tree which was sixteen inches (16") in diameter. Ms. Cook said, "We are bringing this to the Board in leu of another citation. We - feel a citation is a warning - but it does not seem to do the job and it would be another $300.00 to do the cost of doing business. We have cited Sunstate [Trees] four (4) times with citations, another time with warnings, and here is this other time. I just don't feel that a citation would - do any good here. I think we need a stiffer penalty. The Homeowner's Association must share in some of this blame. They were aware that a permit needed to be applied for and obtained. Sunstate [Trees] was aware that a permit needed to be applied for and obtained." Ms Cindy Cox, 1421 Creekside Circle, Winter Springs, Florida: spoke of being a new member of the Chelsea Parc Homeowner's Association Board; acknowledged that a permit was needed; and was told by Sunstate Trees that they would get the permit. Brief discussion. Mr. Angelo Sparteri, 264 West State Road 434, Longwood, Florida: as an agent of Sunstate Trees he spoke of his company assisting homeowners with the application for the permit, but that the homeowners are responsible for obtaining the permit and payment of fees. Chairperson Krebs asked, "Your people are out there, they have no permit but are cutting down a tree. How is that possible?" Mr. Sparteri replied, "That was incorrect. Because of it's not being a home, I guess not knowing that - he could verify - calling up - to see if there was one - probably would have been the way to go." Chairperson Krebs said, "But you are doing business, you are the one who is supposed to know whether or not there is a permit. And if you don't have one in your hand, you don't cut a tree." "Yes ma'am. That's absolutely true," said Mr. Sparteri. Tape I1Side B Further discussion. REVISED FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA PARC HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000417, 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 AND OTHER SWORN WITNESSES AND/OR VIOLATORS. CITY OF WINTER SPRINGS M[NUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE40F 12 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT CHELSEA PARC HOMEOWNER'S ASSOCIATION WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER 5 OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION; (2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION; (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 THAT THE VIOLATORS WERE PRESENT AT THIS HEARING; AND (4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST PRIOR TO INSPECTION UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN;_AYE, _ _.__.._ .___" .,~_. _.. CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOM:PSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA PARC HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER CEB-02-0000417, HAVING BEEN FOUND TO BE IN VIOLATION OF - CHAPTER 5 OF THE CITY CODE, I MOVE THAT THE VIOLATORS BE GIVEN NINETY (90) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) WILL BE IMPOSED, PER VIOLATION 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 - JUNE 18,2002 PAGE 5 OF 12 FURTHERMORE, ANY OR ALL FUTURE RECURRENCES OF THIS VIOLATION UPON 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 A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) 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. THE VIOLATOR BEING 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 FURTH. SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON,LYZEN:, AYE' CHAIRPERSON KREBS: AYE MOTION CARRIED. REVISED FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SUNSTATE TREES, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000417, 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 AND WITNESSES AND VIOLATORS. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THE VIOLATORS SUNSTATE TREES WAS 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 UPON THEIR PROPERTY, AND FURTHER PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION; CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE60F 12 (2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLA TION WITHIN THE TIME PROVIDED IN THE - OF VIOLATIONS; (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 THAT THE VIOLATOR WAS PRESENT AT THIS HEARING; AND (4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION. VICE CHAIRPERSON L YZEN REQUESTED THAT FOLLOWING CHAPTER 5, [NO ARBOR PERMIT] BE SUBMITTED. BOARD MEMBER PITTS AGREED. VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSONKRE-BS: 'AYE"- -' ......, BOARD MEMBER WARNER: AYE MOTION CARRIED. Brief discussion. REVISED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SUNSTATE TREES, INC., CODE ENFORCEMENT BOARD NUMBER CEB-02-0000-417, THE VIOLATOR, SUNSTATE TREE, INC., HAVE BEEN FOUND TO BE IN VIOLATION OF - SECTION 5 [NO ARBOR PERMIT] OF THE CITY CODE. I MOVE THAT VIOLATORS BE FINED $1,000.00 PER VIOLATION, SAID FINE SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS ORDER. FURTHER ANY OR ALL FUTURE RECURRENCES AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT THE VIOLATION. 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 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE \8,2002 PAGE 7 OF 12 NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER PITTS. BOARD MEMBER PITTS WAS ASKED TO REST ATE THE COMPANY'S NAME AND A TIME FOR THE FINE TO BE PAID. BOARD MEMBER PITTS SAID, "SUNSTATE TREES, INC." AND ADDED, "SAID FINE SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS ORDER." SECONDED. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Ms. Cook responded to questions from Mr. Sparteri regarding Ordinance 2002-08 and, donating the fine to the Tree Bank Program. Chairperson Krebs recessed the Meeting at 8:20 p.m. Chairperson Krebs reconvened the Meeting at 8:24 p.m. .:..:. AGENDA NOTE: . THE-FOLLOWING AGENDA,ITEMS,W,ERE..HEARD IN THE FOLLOWING ORDER. .:. .:. D. CASE #CEB-99-818 Orange Avenue Chanh Q. Nguyen Reduction/Satisfaction Of Lien Ms. Cook introduced this case, and provided for the record an application for "Satisfaction Or Release Of Code Enforcement Lien"; read portions of the application to the Board Members; and spoke of the history of this case. Discussion. Mr. George B. Wallace, Esquire, P.A., 700 West First Street, Sanford, Florida: addressed the Board and stated, "- advice from an individual- up until October when he brought it to my office. He has worked diligently with me and with City Staff to fix it - once somebody wasn't giving him poor advice. Mr. Nguyen doesn't speak really clear English but he is certainly able to answer your question." Tape 2/Side A