HomeMy WebLinkAbout2007 03 12 Regular 600 Kishore D. Tolia
COMMISSION AGENDA
ITEM 600
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
/v
March 12, 2007
Meeting
MGRJ /DEPT~'
,
Authorization
REQUEST: The Police Departments Code Enforcement Bureau requests the
Commission to consider the application of Mr. Kishore D. Tolia's for Release or
Satisfaction of a Code Enforcement Lien.
PURPOSE: For the Commission to consider the application and request of Mr.
Kishore Tolia for satisfaction or release of a Code Enforcement Lien in the amount of
$7,800.00. This request is a requirement as prescribed by Section 2-61.5 of the City of
Winter Springs Code of Ordinances.
CONSIDERATIONS: City of Winter Springs Code of Ordinances particularly Section
2-61.5 provides that; Where a certified copy of an order imposing a penalty or fine and
has become recorded in the public records and has become a lien against the land and/or
property of the violator, such violator may apply to the City Commission for a satisfaction
or release of such lien.
At the direction of the Code Enforcement Board a lien has been filed and recorded on
June 15,2006 with the Clerk of the Circuit Court for Seminole County Florida. This lien
recorded in favor of the City was placed against Mr. Kishore Tolia, 721 Bear Creek
Circle, Winter Springs, Florida in the amount of$7,800.00. On February 16, 2007 Mr.
Tolia filed his application to be heard at the February 20,2007 Code Enforcement Board
meeting.
The application was presented to the board with testimony presented by the City and Mr.
Tolia with counsel present. The Code Enforcement Board recommended denial of the
application and directed that it be placed on the next regularly scheduled City
Commission meeting March 12,2007.
CHRONOLOGY HISTORY OF CASE:
. February 21, 2006 - The Code Enforcement Board heard Case # 05-0011192,
721 Bear Creek Circle, Respondent Mr. Kishore Tolia, a violation of Section 6-
217, No Pool Enclosure. The City and Mr. Tolia provided testimony that evening
before the Board. The Code Enforcement Board found that Mr. Tolia was in
violation that night and issued a Finding of Fact with a Relief Order in favor of
the City.
. May 16,2006 - The Code Enforcement Board heard Case # 05-0011192, 721
Bear Creek Circle, Mr. Kishore To1ia as a Non-Compliance case and Repeat
violation of Section 6-217, No Pool Enclosure. The City and Mr. Tolia provided
testimony that evening before the Board. The Code Enforcement Board found that
Mr. Tolia was still in violation that night and issued a Finding of Fact with a
Relief Order in favor of the City imposing a penalty of $7,800.00.
. February 20,2007 - The Code Enforcement Board heard Mr. Kishore Tolia's
request and application for satisfaction or release of code enforcement lien. The
City and Mr. Tolia with counsel present provided testimony that evening before
the Board. The Code Enforcement Board found that Mr. Tolia had not provided
any mitigating circumstances that night that would warrant the reduction or
satisfaction of the penalty. Further, the Board with a 5-2 vote recommended denial
of the application and their recommendation is scheduled for the next regular
Commission meeting per section 2-61.5 for consideration by the Commission.
ISSUE ANALYSIS: The Code Enforcement Bureau issued a notice of violation to Mr.
Tolia for no pool enclosure and presented the case in February 2006. Mr. Tolia was found
not to be in compliance at that hearing. He was issued a notice again for non-compliance
of the boards order and in May of 2006 the case returned to the Code Enforcement Board
for hearing. The board heard testimony from Mr. To1ia allowing him an opportunity to
provide any mitigating circumstances as to why the penalty should not be imposed.
They ruled that there were no mitigating circumstances presented by Mr. Tolia that would
warrant a release of the penalty to be imposed in the amount of$7,800.00, and that it is
recorded as a lien with the Clerk of the Circuit Court. On February 20,2007 Mr. Tolia
appeared before the board asking for a release or satisfaction of lien by application as
allowed by City Code.
This is the last step in the application process for Mr. Tolia's request. The Code
Enforcement Board has recommended that the application be denied and the lien
imposed.
FUNDING: None Required:
RECOMMENDATION: It is recommended that the Commission accept the
recommendation of the Code Enforcement Board to deny the request of Mr. To1ia for
reduction or satisfaction of lien in this case.
IMPLEMENTATION SCHEDULE:
Immediately upon approval by Commission.
ATTACHMENTS: Code 2-61.5, Minutes from February 21,2006, May, 16,2006, and
February 20, 2007 Code Board meeting. Recorded Lien, Application from Mr. Tolia and
letter from Ronald Webster Attorney at Law.
COMMISSION ACTION:
Sec. 2-61.5. Application for satisfaction or release of code enforcement
liens.
Where a certified copy of an order imposing a penally or fine, as described above
in section 2-61, has been recorded in the public records and has become a lien against
the land andlor property of the violator, such violator may apply for a satisfaction or
release of such lien as follows:
(1) Upon full payment by the violator of the fine cr penalty imposed in accordance l.\Iith
this chapter, t"le city manager is hereby authorized to execute and record a satisfaction
of lien.
(2) Upon request for a reducticn or forgiveness of a fine or penalty imposed in
accordance with this chapter, the violator shall submit a written application to the
communily development director.
(3) The application shaH include, but may not be limited to the following:
a. The code enforcement case number;
b. The date upon which the violator brought the subject property into compliance INil'1
the City Code;
c. The factual basis upon which the violator believes the appHcation for reduction or
forgiver.ess of the lien should be granted;
d. The terms upon which a satisfaction or release of lien shoukl be granted;
e. The reasons, if any, compliance 'Nas not obtained prior to the order of penalty or fine
being recorded:
f. The reduction in penalty or fine sought by the violator; and
g. Any olher information which the violator deems pertinent to the request, including but
not limited to the circumstances that exist which would warrant the reduction or
forgiveness of L'1e penalty or fine.
This application shall be executed under oath and sworn to in the presence of a notary
public.
(4) The violator shall submit at the time of application payment to the city in the amount
necessary 10 reimburse the city for its costs associated '.'\lith recording the order
imposing a penalty or fine and the requested satisfaction or release of Hen. These costs
are non-refundable, without regard for the final disposition of the applicaton fer
satisfaction or release of lien.
(5) Upon receipt of the application for satisfaction or release of lien and payment
provided above. the community development director shall confirm through the code
enforcement department that the violation which resulted In the order imposing penally
or fine has been brought into compliance. If the violation has been brought into
compliance and there is no current code violation upon the property in question, the
community dovelopment director shail place the application upon the agenda of the next
regularly scheduled meeting of the code onforcement board for the Cay of Winter
Springs.
At the hearing berore the code enforcement board, the board shall review and consider
the application for satisfaction or release of lien, provide the violator with an opportunity
to address the board regarding the application for satisfaction or release of lien. and to
take the testimony of other interested parties, including but not limited to city staff.
(6) Upon review of the application and any testimony presented, the code enforcement
board shall recommend to the city commission approval. approval with conditions, or
denial of the application for satisfaction or release of lien.
The code enforcement board, in determining its recommendation, shall consider the
following factors:
a. The gravity of the violation;
b, The time in which it took the violator to come into compliance;
c. The accrued amount of the code enforcement fine or lien;
d, Any previous or subsequent code violations:
e. Any financial hardship;
(7) Any other mitigating circumstance which may vvarrant the reduction or satisfaction
of tne penalty or fine;
(8) After a recommendation has been rendered by the code enforcement board, the
community development director shall place the application for satisfaction or release of
lien upon the agenda of tile next regularly scheduled city commission meeting. The city
commission may take action solely based upon the swarn application and
recommondat~on of the code enforcement board, and information provided by the
violator in regard to the application for satisfaction or release of fien;
(9) The city commission may approve, approve \vith conditions, or deny the application
to satisfy or release of lien. If the city commission approves the application to satisfy or
release the lien and the approval is conditioned upon the violator paying a reduced
penalty, finc, or any other condition, the satisfaction or release of lien shall not be
prepared or recorded until th(~ conditlon(s) placed by the commission have been
satisfied.
Tho violator shall have thirty (30) days in which to comply with the conditions imposed by
the city commission. Failure of the violator to comply ~vill result in the automatic denial of
the application for satisfaction or release of lien.
If the application is denied or if the application is automatically denied due to the failure
of the violator to comply with the conditions imposed by the city commission, the violator
shall thereafter be barred from applying for a subsequent reduction or forgiveness of the
lien for a period of one (1) year from the date of denial. During the one-year period, the
lien may only be satisfied and released upon full payment of tt1e fine or penalty imposed
in accordance with this chapter.
(Ord. No. 2001-62,92, 1-14-02)
CITY OF WNTER SPRlNGS. FLORIDA.
MINL'TES
CODE E:"IFORCEME....T BOARD
RI::GL:L.....R MEETNG - FEIlRL:A.RY 2!. 2006
P.....GE 7 OF 14
PUBLIC HEARINGS- :"IE"" C,~SES
202.4 Code Enforcement Bureau - Police DepartDlcnt
CASE #05-0011192
721 Bear Creek Circle
Kishore D. And Sushi K. Tolia
Section 6-217. (No Pool Enclosure)
Date Of Sen'ice: Certified - February 8, 2006
Inspector - Jose Romero
Captain Tolleson stated, <<'Vas originally cited on December 5, 2005 and issued a Notice
of Violation. The property failed reinspection on December 27, 2005 and again on
January 6, 2006. Certified Notice was sent.
The property was posted on February 7, 2006. Certified mails have been retumed. Vole
are asking for a Finding of Fact and Relief [Order]."
A1r. Kishore D. Tolia. 721 Bear Creek Circle, lVinter Springs, Florida: commented that
he has constructed a four foot (4') temporary fencc around the pool and entered into a
contract with a fence company.
\\lith discussion regarding the requirement for the temporary fencing to be five feet (5') in
measurement, Mr. Tolia stated. <<It is about five foot (5') tall, the part just folds down. I
can havc that pulled up and it will make the five foot (5') requirement."
Discussion ensued regarding Tabling the Case. Captain Tolleson stated that "I would not
advise for this Board not to Table it:. Chairman lV1atisak commentcd on the safety issues
of the pool.
}'",1r. Tolia stated, "1 ",,;]1 gct it done tomorrow so that it is five feet (S') and you can come
out and inspect it."
FI1VDING OF FACT:
"THE CITY OF ,"VINTER SPRINGS VERSUS - IKISHORE D. AND SUSHI K.
TOLIAJ. CASE NUMBER 05-0011192. AFTER HEARING THE SWOR...l\l
TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND - rKISHORE
D.] TOLIA AND REVIEWING THE EVIDENCE PRESENTED AT THIS
HEARING. I FIND THAT THE CODE ENFORCEMENT OFFICER HAS
PROVEN HER CASE BASED ON THE FOLLOWING:
1. THE RESPONDENT WAS PROVIDED NOTICE OF BY THE CODE
ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-
59. OF THE CITY CODE.
CITY OF WINTER SPRNGS. FLORIDA
M[~UT['')
CODE ENFORCEMENT BO"RO
IU~GULAR MEETING - FEBRUARY 11.2006
PAGE II OF 14
2. THAT A VIOLATION OF SECTION 6-217. [NO POOL ENCLOSURE)
OF THE CITY CODE EXISTED.
3. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING
AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA
STATUTES.
4. THAT THE RESPONDENT WAS PRESENT AT THIS HEARING.
5. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO
CORRECT THE VIOLATION.
6. THE RESPONDENT FAILED TO CORRECT THE VIOLATION
\VITHIN THE TIME PROVIDED.
7. THE VIOLATION CONTINUES TO EXIST UPON THE
RESPONDENT'S PROPERTY.
THEREFORE, I MOVE THAT THIS BOARD FIND THAT - [KISHORE D. AND
SUSHI K. TOLtA) HAS \10LATED SECTION 6-217. [NO POOL ENCLOSURE)
OF THE CITY CODE AND A JUDGMENT OF GUILTY BE ORDERED FOR
THE RECORD.
I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORnER BE ISSUED
IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY
BOARD MEMBER KAUFMAN. SECONDED BY BOARD MEMBER KREBS.
DISCUSSION.
VOTE:
CHAIRi\fAN MA TISAK: AYE
ALTERNATE BOARD MEMBER CRENSHA W: AYE
BOARD lV1E1\.'IBER WENTZ: AYE
BOARD MEMBER PELLERIN: AYE
BOARD MEMBER KREBS: AYE
BOARDMEMBERKAUFMAN: AYE
AL TERNA TE BOARD MEMBER PITTS: AYE
MOTION CARRIED.
crTY OF WINTER SPRII\'GS. FLORIDA
MINUTES
CODE ENfORCEMENT BOARD
REGUl.AR MEETING - FEBRUARY 21. 2006
PAGE 9 OF 14
RELIEF ORDER:
"THE CITY OF WINTER SPRINGS VERSUS [KlSHORE D. AND SUSlU K.
TOLlAl, CASE NUMBER 05-0011192. HAVING BEEN FOUND GUILTY FOR
VIOLATING SECTION 6-217. [NO POOL ENCLOSURE) OF THE CITY CODE I
MOVE THAT THE RESPONDENT BE GIVEN UNTIL TIDS FRIDAY
[FEBRUARY 24, 2006) AFTER NOTIFICATION TO CORRECT THIS
VIOLATION OF THE CITY CODE.
IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE
TIME PROVIDED, A FINE OF ONE HUNDRED FIFTY DOLLARS ($150.00)
WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED
BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER
SPRINGS.
FURTHER"IORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS
VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT
VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT
THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE
FOR A REPEAT VIOLATION WILL BE THREE HUNDRED DOLLARS
($300.00) PER DAY BEGINNING ON THE FIRST DAY THE REPEAT
VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER.
I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD
BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO
THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE
RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME
PROVIDED SET FORTH BY THIS BOARD.
LET THE RECORD ALSO REFLECT THAT THE RESPONDENT IS PRESENT
AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD. I
MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED
NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD
MEMBER KAUFJ\ilAN. SECONDED BY BOARD MEMBER KREBS.
DISCUSSION.
ALTER'iATE BOARD MEMBER PITTS STATED, "POOL ENCLOSURE HAS
BEEN ONE HUNDRED FIFTY DOLLARS (5150.00) A DAY." BOARD
MEMBER KAUFMAN STATED, "OKAY."
I WILL FILE AN AMENDMENT FOR ONE HUNDRED FIFTY DOLLARS
(S150.00) PER DAY. SHOULD BE THREE HUNDRED DOLLARS (5300.00)
[REPEAT VIOLATION]." AMENDED BY ALTERl\lATE BOARD MEMBER
PITTS. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION.
CITY OF WINTER SPRINGS.. FLORlDA
MINUTES
CODE E:'IlFORCEME:'IlT BOARD
REGL'L\R MEETr.-lG FEBRUARY 21. 2006
PAGE IOOF 14
VOTE: (AMENDMENT TO THE MOTION)
BOARD MEMBER PELLERIN: AYE
BOARD MEMBER WENTZ: AYE
AL TERNA TE BOARD MEMBER CRENSHAW: AYE
CHAIRMAN MATISAK: AYE
BOARD l\'IEMBER KREBS: AYE
BOARD MEMBER KAUFMAN: AYE
AL TER..~A TE BOARD MEMBER PITTS: AYE
MOTION CARRIED.
VOTE: (ORIGINAL MOTION, AS AME~l)ED)
ALTERNATE BOARD MEMBER PITTS: AYE
BOARD MEMBER WENTZ: AYE
BOARDMEMBERKAUFMAN: AYE
BOARD MEMBER PELLERIN: AYE
CHAIRMAN MA TISAK: AYE
BOARD MEMBER KREBS: AVE
AL TERNA IE BOARD MEMBER CRENSHA W: AYE
MOTION CARRIED.
CITY OF W?T:.ll. SJ>IUNGS, FLCIUOA
MINUTeS
COIlE ENFOJlCtMEM' 1I0AlID
'R ECUtAR MSlITING - MAY 16.2006
PAGa 120;;' 15
PUBLIC HEARINGS - N<lN.{;(),.\1fUANCE CASE-"
203.4 Code EnfDrcement BUTeau - Police Department
CASE NO$.Q011192
721 B-ear Creek Circle
Kisborc D. And Sushi K. ToUa
Semon 6-217. (No Pool Enclosure)
Date Of Service: Certified - NI A
Inspe.:t,?r- Jcuc Romero
Inspector Davidson presented L'Us Case and stated, "TIus Case '\'as originally hea..--d
cefore nus Board 011 February 21, 2006. The R..."8td found that Kishore D. and Sushi K.
Tclia were not in Compliance that niGht. The Board's Order stated that any futurl::
Violations would impose a Fine of three hundred dollar,~ ($300.00) a day until
Compliance is achieved.
Certified Notice was sent co April 28, 2006 with tl:e properly postc:d on May 6, 2006.
The prope;1y is cur-endy not in Compliance, We are asking for a Finding of fact and
Relief fOrder} mthe amount of severl L'lJ.ousand eight hundred dollars ($7,80()'oO) fur
twenty-six (26) days for Ncn-Complluncc at three hundred dollars ($300,00) per day per
the Board's Order starting April 2.1, 2006 through MaJ'16. 2006."
Df.~cussi()n.
Mr. Kishore D. Tolia, 721 Dear Creek Circle, Wmter Springs, Florida: commented t.i.at
he has entered into a Contract with e 1encc contractor and presented a copy of the
docume:u to the BOJlrd Members.
FINDING OfEACT:
"THE CITY OF WINTER SPRINGS VERSUS KlSHORE D. AND SUSIU K.
TOLlA, CASE NUMBER 05-001H92. AFTER HEARING THE SWORN
TRSTIMONY OF THE CODE ENl<-ORCEMENT OFFICER M1l - KlSIIORE D.
TOLIA - AND REVIEWING THE EVIDF.NCE PlUi:SENTED A T THIS
H}~AlUNG, I I<'1ND THAT THE CODE ENFORCf2l\'IENT OFP"lCER HAS
I'ROVEN HER CASE BASED ON THE FOLLO\"rlNG:
l. THE RESPONDF...'lT 11.<\5 PREVIOUSLY BEEN BEI~OR.E THE CODE
EJ'If'FORCEMENT BOARD FOR TIlE CITY OF WINTER SPRlNGS
AND WAS FOUND GlJILTY OF VIOLATING SECTION 6.:U1. (NO
POOL ENCLOSURE) OF TIlE CITY COD"~.
2. THE RESP01\'DEJ't.'T WAS PROVIDED NOTICE OF THIS IIEARING
AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA
STATUTES.
em" CP ',;JVNI1!R S1'RINGS. fl.OEtDA
MfNlJl1iS
CODEE~FOaC[M~TnQ,\RO
Il~aULARMEEmNG-MAY 16, 2606
"AGE IlCF U
3. tHE RESPONDENT WAS PRESENT A r TillS HEARING.
4. THE VIOLATION CO:\iINtlES TO EXIST AS OF TIDS HEARING.
THEllEFORE, I MOVE THAT Tms BOARD FIND THAT KlSHORE D. AND
SUSHI K. TOLI,~ [CASE NUMBER 05.00U 192] HAVE VIOLATED SECTION 6-
217. (NO POOL ENCLOSURE) OF THE ClTY CODE AND A JUDGl'tlEl'i" OF
GUILTY, AS A REPEAT OFFENDER, BE ORDERED FOR THE RRCORD.
I FURTHER MOVE TH..~T AN APPROPRlA'IE RELIEF ORDER BE ISSUED
IMMEDlA TEL Y BY THE CODE ENFORC'EMEl''T DOARD." MOTION BY
BOARD l\1EMBER PELLERIN. SECONDED BY BOARD MEMBER
KAUFMAN. DISCUSSION.
VOTE:
BOARD MEl\omER CRENSHAW: AYE
VICE CHAIRl'rt-'\.N ROERO: AYE
BOARD MEMBER KAUFMAN: A 'YE
BOARD MEMBER PELLERIN: AYE
BOARD MEMBER WENTZ: AYE
BOARD MEMBER KREBS: A'Vl:
BOARD MEMBER PITTS: AYE
MOTION CARRIED.
{lELTEF OjWER:
"THE CITY OF ""lNTER Sl)RINGS VER...'iUS KlSHORE D. AND SUSHI K.
TOLlA, CASE NUJ\.tBER 05~O{)1l192. AFTER HEARING THE SWORN
TESTL\10NY OF THE CODE ENFORCEMENT OFFICER AND KlSHORE D.
TOUA AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING,
1 FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER
CASE BASED ON THE F'OLLO\V1NG.
l. THE RESPONDENT HAS PREVIOUSLY B1CEN BEFORE THE CODE
EI\""FORCEl\-fENT (BOARD) FOR THE CITY OF WINTER SPRINGS
AND "'\\8 .'OUl'l) GUILTY OF VIOLATING SECTION 6.217. (NO
rOOJ~ ENCl..OSURE) OF THE CITY CODE AND WAS ORDERltn TO
CORRECT SUCH VIOLATION.
2. THE RESPONDENT WAS PROVIDgn NOTICE Oll' l'WS NON-
COMPliIANCE ImAIUNG AS PRESCRIBED BY CHAPTER 162.12
OF THE FLORIDA STATUTES.
Cl'l'~' Of wn-. iER SPRINGS, FI.Of\:O.....
MlN1:i:S
CODE E.IWOIlCDn:l'IT BOARD
IUtOtrJ.A'l MEETING- MAY 16, 200f1.
PAGE 140? IS
3. THE RESPONDEt\'T WAS PRESENT AT THlS HEARING.
4. TH." T NO PROOF OF EXTEl'"UATING CIRCtJMST ANCES EXISTED
WHICH WOlJLD HAVE PREVENTED THE RESPONDENT FROM
CO~tlNG INTO COl\fPLlANCE WJTH THE BOARD'S ORDER.
THEREFORE, I MOVE THAT l'HE FINE OF SEVENTY.EIOHT HUNDRED
DOLLARS (S7,800.0Q) STAND AND ENFORCEMENT FOR THE COLLECTION
OF TillS FINE RESUME." MOTION BY BOARD MEMBER KREBS.
SECONDED BY BO..\RD MEMBER PITTS, DlSCliSSION.
VOTE:
VICE ClIAlIL'tAN ROERO: AYE
BOARD MEJ\.mER WENTZ: AYE
BOARD MEl\-ffiER CRENSHAW: AYE
BOAR}) MEi\-mER KREBS: A\'''E
BOARD MI~MBER KAUFM..\,;"-i: AYE
BOARD ME.."ffiER PITTS: AYE
BOARD \\tEl\-mER P.ELLERlN: AYE
MOTION CA RRTtJ>.
REGULAR AGENDA
REGULAR
300. None
CONSENT AGENDA
CON.'t[NT
400. Omce OIThe City C)ct'k
~ppr()vaJ Orne Ae!ill~. 2066 Regular Mcdin; Minute,.
"1 ",.OULD LIKl~ TO MAKE A MOTION TO APPROVE THE ftflNlfrES OF
THE MARCH 21sT 12006] MEE1'ING}' MOTION BY VICE CHAIRMAN
ROERO. SECONl)[~J) BY BOARD MEl\-IDER K..\UFi\fAN. DISCUSSION.
CITY 0: 1,\"D;"TL",{. SP?~GS, :LO?JDA
M1,1.'T=:S
CODE E:'\FORCnrD"T BO.~
REGn.:'':: },EETD."G - ?E3RUARY 20. 2CC7
P..J,.GE 6 OF 15
PUBLIC HEARJSGS AGE:\l)A - REDUCTIO:\' REQUEST OF LIE:\'
CASES
Pt"BLIC HB.R1:'\G5 - :\"O:'\-Co:\IPLIA.'\'CE CASES
203.1 CASE #05-0011192
721 Bear Creek Cirde
Kishore D. And Sushi K. Tolia
Section 6-217, (No Pool Enclosure)
Date of Ser....ice: Certified
Impector - Jose Romero
Chairman Ivlatisak SJid. "The follo\ving Case is going to be heard under Section 2-61. 5,
of the City Code. Thi<; CJse i<; not going to be heJrd under 162 Florida Statutes, The
Hearing and the Rules Jnd the way thJt we actually handle this Hearing is going to be -
<;ignificantly different than pre....ious Ca<;e" that we u"ually do. Thi" Ca<;e that lye are
about to hear is going to be entirely encompassed under City Code:'
Capwin Tolleson presented thi" Agenda Item and stated. "Thi<; particular Ca<;e \vas a
Non-Compliance Hearing and there \ya<; a Lien filed again<;t 11/1r. T olia' <; property in the
amotUlt of <;e\'en thomand eight hundred dollars ($7.800.00):' Captain Tolleson then
<;ai(1. "1\11'. [Ronald S.] \Vebster has a"ked for an Abatement of Appeal to come to this
Hearing tonight. which takes it out of the normal loop of Chapter 162 [Florida
Statl/tes]:'
Capwin Tolle<;on <;ai(1. "[Section] 2-61.5. i" nothing more than application tiom the
Satist:lction or reIea<;e of the Code Enforcement Lien, TYVically. the Code Enforcement
Board can take that action up until the time the Lien is filed. At that point. it comes in
1:1\'01' of the City and only the City Commission can make that detell11ination." Captain
T olle"on then <,aid. ..Whate....er decision<; made tonight \\"ill go in front of the City
Commi<,<,ion l\-larch 12,2007 at a Regular C0111111i<;<,ion Hearing:,
BOARD :\IEl\ffiER WI::'>TZ ASKED, "1 HA YE A :\IOTIO::'>, FOR THE BOARD
TO CO:\"SIDER, THAT WE TAKE - A BRIEF RECESS TO READ THROI'GH
THE PAST HISTORY SI:\"CE WI ARE ::'>OT GOI:\"G TO DISCTSS IT."
CAPTA!:\" TOLLE SO:\" SAID, "WI ARE GOI:\"G TO DISCTSS EVERYTHI:\"G
YOI' HA"E I:\" FRO:\"T OF YOI'."
CH.-UR'L\_, :\IATISAK SAID. "THERE IS A :\10TIO:\" TO RECESS. DO I
H.>\ VE A SECO:\"D'?" SECO="DED BY VICE CH.:\.IR'IA..' ROERO.
DISCTSSIO:\" .
VOTE:
BOARD ~IE:\mER PITTS: :\"A Y
BOARD ~IE~mER WEIS~IA..': :\"AY
cr:y 0: WD;ER SP?J:\GS, FLO?lDA
2vD'"l.1ES
CODE DTORCDfE:\"T BOARD
REGl..'-U3.M~ETDG-:E3PJJARY20. ~C{}7
PAG~ 7 OF 15
ALTER"ATE BOARD ~IE:\IBER ',"OOD: :\'AY
BOARD ~IE:\mER WE:\'TZ: :\'AY
BOARD ~IE:\IBER KAUFMA..": :\'AY
'iCE CH..,uR.'L~:\' ROERO: :\'AY
CH..UR'L~:\' :\IATISAK: :\'AY
:\IOTIO:\' CARRIED.
Chairman1'1atisak stated, "In this particular Case [Section} 2-61.5.. Captain Tolleson will
be representing the City:' Captain Tolleson said. '"That is true:'
CAPT..,u:\, TOLLESO:\' SAID, "THIS CASE ',"AS ORIGI:\'ALL Y HEARD
BEFORE THIS BOARD O:\' FEBRrARY 21. 2006. THE BOARD FOF.\"1) THAT
IaSHORE D. _;\..,D SrSHI K. TOLL\. WAS :\'OT I:\' CO:\IPLL;\.."CE THAT
:\'IGHT A\""D THE BOARD~S ORDER STATED, 'A.."T FUTrRE 'iOLATIO:\'
',"OULD IMPOSE A FL\T OF THREE HC\""DRED [DOLLARS] (5300.00) A DAY
l-:\TIL CO~IPLIA..."CE IS AClliE'TD'.
CERTIFIED :\'OTICE 'VAS SE:\'T O:\' APRIL 28. 2006. PROPERTY WAS
POSTED O:\' ~L\.Y 6,2006 A:\""D A :\'O:\'-CO~IPLIA:\-CE HEARI:\'G O:\' ~L\.Y 16,
2006. THE PROPERTY WAS :\'OT I:\' CO:\IPLL\SCE THAT :\'IGHT. 'YE
ASKED FOR A FI:\'DI:\'G OF FACT .;\.."D RELIEF I:\' THE _;\"'IOl.-:\T OF
SEVE:\' THOUSASD EIGHT Hl.-:\DRED DOLLARS (57,800.00) FOR TWE:\'TY-
SIX (26) DAYS OF :\'O:\'-CO:\IPLL:\';''.;CE AT THREE Hr:\'DRED DOLLARS
(5300.00) A DAY PER THE BOARD'S ORDER O:\' APRIL 21. 2006 THROUGH
:\L~ Y 16, 2006."
CAPT_,u:\, TOLLESO:\' PRESE:\'TED PHOTOGR~PHS OF THE PROPERTY TO
THE CODE E:\'FORCE~IEXT BOARD ~IE::\IBERS.
CAPTAIX TOLLESOX THE:\' STATED, "AGAI:\', ~IR. TOLIA WAS PRESEXT
AT THE HEARI:\'G. THE YIOLATIO:\' CO:\"TI:\'UES TO EXIST AS OF THAT
HEARI:\'G. THEREFORE, THE BOARD FOr:\'D TH..~T :\ffi. TOLL~ DID
VIOLATE SECTIO:\' 6...217. POOL E:\"CLOSURE OF THE CITY CODE .;\.."""D A
JrDG~IE:\'T OF GUILTY AS A REPEAT OFFE:\""DER BE ORDERED FOR THE
RECORD .:\';'''"1) AGAI:\' THE BOARD U:\'..\'SDIOFSL Y YOTED I:\' OrR
FA' 'OR.
THE RELIEF ORDER 'VAS FOR SE\T:\' THOrSAXD EIGHT HC\""DRED
DOLLARS (57,800.00) AS :\IE:\-TIO:\'ED, ALSO r:\'A.."DIOUSLY VOTED THAT
XIGHT."
CAPT_,u:\, TOLLE SO:\' SAID, "_;\.."D TO PROTECT THE CITY'S I:\'TEREST,
WE FILED THE LIE:\' 'HTH THE CLERK'S OFFICE."
cr:-y 0: "I;DiE? SPRr\GS. FLOPlDA
!..C\1TES
COnE E~rORCBJI?-l BOARD
F.EGt1.A?, MEEJD;'G - FEBRUARY 20. 2007
PAGE gor 15
CAPTAI:\' TOLLE SO:\' STATED. "AFGrST THE 25TH OF 2006. HE GOT FI:\'AL
APPROYAL BY THE B"FILDI:\'G OFFICLU O:\' THE POOL E:\'CLOSrRE -
HE IS I:\' CO:\IPLU__,CE AS OF ArGrST 25~ 2006:'
Captain Tolle;,on read for the Record the Winter Springs City Code related to Pool
Endosm-e;,.
T~pe lSlde 3
CAPTAI:\' TOLLESO:\' STATED. "CERTIFIED COPY OF A:\' ORDER
I:\IPOSI:\'G PE:\'ALTY OR FI:\'"E. WE SATISFIED THAT. WE SHOWED IT TO
yor EARLIER A..'T> HAS BEE:\' RECORDED'? Y1:S. IT WAS RECORDED BY
THE CLERK'S OfFICE - :\L\.Y APPLY fOR SATISFACTIO:\' OF RELEASE
OF SlTH LIE:\' AS FOLLOWS - :\IR. TOLIA IS ASKL,G FOR A
SA TISFACTIO:\' OR RELEASE FROJI THE LIE:\'. THE SE' '"E:\' THOrSA:\T>
EIGHT Hl~T>RED DOLLARS (Si,800.00). HOW DO YOr GET THERE'? O:\'E
(1). FrLL PAY:\IE:\,T BY THE YIOLATOR OF THE FI:\'E A:\T> PE:\'ALTY
I:\IPOSED I:\' ACCORDA..,CE "ITH THIS CILo\.PTER. THE CITY JIA:\'AGER
IS HEREBY ArTHORIZED TO EXECTTE ASD RECORD THE
SATISFACTIO:\' OF THE LIE:\'. TWO (2)~ A REQl'"EST FOR A REDlTTIO:\'
OR FORGI\'"EXSS OF A FI:\'E OR PE:\'ALTY I:\IPOSED I:\' ACCORDA_,CE
,nTH THIS CILo\.PTER. THE YIOLA TOR SILUL JLo\.KE A 'YRITTE:\'
APPLICATIO:\' TO THE COJDlr:\'ITY DEYELOP:\IE:\,T DIRECTOR. "liE:\'
THIS CODE "AS WRITTE:\'. CODE E:\'FORCE:\IE:\'T WAS r:\T>ER THE
DEPART:\IE:\'T OF THE CO:\DH~:\lTY DEYELOP:\IE:\'T. FOFR (-I) Y'"EARS
AGO~ IT CA:\IE l':\'DER THE DEPART:\IE:\'T OF THE POLICE
DEPART:\IE:\'T.
Captain Tolleson refel1'ecl to Section 2-61.5. of the City Code for the Record.
\Vith further discussion. Captain IoUeson stated. nIhe Board shall review and consider
the Application for Satisfaction of Lien or Release of Lien only'" Captain T o11eson then
stated. 'This has been talked about ,yith the City's AHomey Debra Babb.)Jutcher and
with lv1r. [Ronald S.] Webster and they feel that this is the be;,t course of action to take in
1\11'. T olia' s Case. The Abatement Order is in effect untill\1arch 13. .2007,"
Discussion continued.
Captain Tolleson entered l\i1r. T olia 's "Application for Satisfaction or Release of Code
Enforcement Lien" and "Statement"' into the Record,
As a reminder to the Board Members. Captain T o11eson reiterated. "The Code
Enforcement Board is tasked to render an Advisory recommend..1tion to the City
Commission for this Application as submitted by :v.fr. Tolia as delineated by the City of
\Vinter Springs Code Section 2-61.5.. Ihe Board's recommendation must find :v.Ir.
CEY 0:= 1.:rIXE~. SPRr\GS. :=LOPlDA
!..C\ lJTES
CODE E:."fORCD![.:'\i BOARD
P..EGCL~3. !,EETIXG - :E3RT:ARY 20. 2007
PAGE 9 OF 15
T olia' s Applicmion to be either one (1) Approve rv1r. T olia' s Request for Release of lien:
h....o (2) Approve it with conditions or moditications as approved by the Board: or three
(3) Denial of the Request:'
Mr. Ronald S. rVebsrer, Arromey, Smmp rVebster Law, 719 Peachn'ee Road, Suiie 200,
Orlando, FlOllda: thanked Captain Tolleson for his professionalism and courtesy on this
matter, lv'lr. \Vebster discus-sed his recommendation on granting the Application.
Mr. Kishore D. Tolta, 721 Bear Creek Circle, Wimer Springs, FlOl1da: spoke of his
previous hardships.
Discussion.
\Vith further discmsion on ::Vir. T olia \, hardships and for the Record. Chairman ::VIatisak
asked for document'., to substantiate his Case.
Ti:tpe ~-Sicie A
Discu'.,sion continued on this ea'.,e.
"I :\IOYE THAT WE DE~Y THE APPLICATIO~," MOTIO~ BY BOARD
:\IE:\IBER PITTS. SECO~DED BY BOARD :\IE:\IBER K.AUF:\L-\.."
DISCTSSIOX
YOTE:
CHAIR'IAS :\H. TISAK: ~A Y
VICE CHAIR'HS ROERO: ~AY
BOARD :\IE:\IBER ""1:IS:\L-\..,: AYE
BOARD :\IE:\IBER ""1:~TZ: AYE
BOARD :\IE:\IBER PITTS: AYE
ALTER"ATE BOARD ::\IE:\IBER 'YOOD: A'lL
BOARD ::\IE:\IBER K..:\..lT:\H....' : AYE
:\IOTIO~ CARRIED.
Chairman IvIatisak said to Captain Tolleson. ":\ly direction to you as Chairman of this
Board i'., to notify the City Commission at the next Hearing - that our recommendation 5-
2 Vote to not grant the Application. There \\"ere no Conditions:'
PFBLIC HE.\Rl:\'GS - XEW C\SES
202.4 Code Enforcement Bureau - Police Department
CASE #06-0013533
514 Lombardy Road
Linda Haines
Section 12-53. (a)(b) (Un1icemed :\10tor Vehicle)
Date Of Sen-ice: Celtified
Impector - Cathy Dayidson
I '1I11UI Y III 0 III/I III I 1111 ffl dill IIUI 1111111111 1111
COIlE ENFORCEMENT BOARD OF THE
CITY OF WIl'IJ'ER SPRINGS, FLORIDA
\V City of Winter Springs
Petitioner,
Comp1airt No. 05-0011192
V. Kishore D. & Sushi K. Tolia
n 1 Bear Creek Circle
Winter Springs, FL 32708
Respondent. .'
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE came on for public hearing before the Winter Sptings Code Enforcement Board
on February 21,2006, afrer due notice to Respondent, at which the Board heard testimony under oath,
received evidence, and issued its Findings of Facl and Conclusions of Law and thereupon issued ora.!
Order which was'reduced 10 writing and fJrnishcd to Respondent.
Said Order required Respondent to take certain corrective action by a certain lime, as more
specifically set forth in that Order.
An Affidavit of Non-Compliance, bearing the date of April 21,2006 has been filed with the
Board by tbe Code Inspector, which Affidavit certifies under oath thd the required c"rrectivc action
was l10llaken as ordered.
Accordingly, it having been brought to the Board's attention tbat Respondent did not comply
with Order dated February 24,2006, it is hereby:
ORDERED THAT RESPONDENT PAY to the Ci:y of Winter Springs a fine in the amount of
$7,800.00 in reference to the property that exists at 721 Bear Creck Circle in the City ofWinttx'
Springs described as:
LEG LOT 6 BEAR CHEEK ESTATES
PB 26 PAGES 57 TO 59, OF SEMINOLE COUNTY
OWNED BY KISHORE D. & SUSHI K. TOUA
721 BEAR CREEK CIRCLE, WINTER SPRINGS, FL 32708
111is Order ifrccorcled in the public records shall constitute a lien against tbe above describtXl
property and any other reul or personal property of the Respondent, pllrSlll'lllt of Section 162.08 and
Section 162.09 OIthe Florida statutes.......,., . $
DONE AND ORDERED this 15 day of . I ~ ' at ;{. '()()l"
Seminole County, Florida. .-. . - --I - -- ------- ...- .
"\ i Code Enforcement Board of the
~ r .E~'"
-
ry (Code)
r)at~--~O('.----
,<,""
This in6trumc~t prepared by:
Vivian Simmons Gould
300 North MOGG Road
Winter Springs, 1fL 32708
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02/15/2007 14:58
4074223008
STUMP WEBSTER LAW
Cft'Y lD' 'Wl!r'l'R M'JUI(GI, H.OJDDA
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PAGE 02/02
THE !l!!AlIOHS, IF AN'l, 1l/1lI( 'tIlE A1'P1JCA:NT DID NOT BIUNG 1llB SlI! mer l'Jl.Ol'IlIl.'T nft'O
CCMFUANCl!PIUOll. '1'OUllI OllDlQl.OI'I'BNA1.1"'/'OIlmlEJIEINlJIloIPOSED.! i'lP~ 111- fIL
cpl.<t1.lIOOlledadcllcldIllQDllJlOPO) 'r> ~ <'-AN ~ L rJ.c: If eJ>-g..!)t-J
\r ClIM'lAI \ $5-Vc..J,... c.-8. ""CJ.--,\ Iv.^-JQA) r,J S'l!\fUv'\cY1 4
ANY ADPrI'J)N,u.pACT$ ClltlNl'ORMATIctI 'DIE AP'I'LICANt'tIBIl!lllll'llll.'I'!I. IltIT TO nIll UQlJm.
lNCLODlHOIlllT1<<Jt'UWtlTO. TJIIl.I'DtUl8'rIoNCSStHA.TI!XIlI1'WHIal l/OlIlDwAll.lWl'MHS
IlIiDUC"l1DM OR lIA'I1SPACl'lON OP PIlNJlLTV OR f1lG; (It """" ... ill":! bI add adcII1IcInll"8Ql)
t;;~ "" '- Hf'-!l 'LlC\ 'fC\ 0'" N,' l'-\t^s...f>(Lls~gc-.,(:,(' I",~)
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ApplicPl"SIpoIDm C-JP ') L
S'I'.I.':IB Cf' r/J/ J }),A, fl4 c<. v III €.fA.. &v fY~
COUNtY Of /?~ii!&
BSFCIlBMllIllo.......,Il"""~diiI~appear
JIIVYl"d if
eIIrml:dlhe ~OIIC01ll1iDo4 'I'lilIIiJl1!llo ~ II: lne
A. ANN ALVAREZ.
MY COMMISSION /I 00603200
EXPIRES, Oct 8. 2010
Aori<MI Notary S...-ice.com
,--------
STATEMENT 1
Soon after the code violation notice was served, temporary fencing was placed to
provide protection. I had personal problems because of my wife passing away after a long
illness. I had some difficulty also in lining up contractors to construct the enclosure.
Also please see attached letter from Mr. Ron Webster, Esquire, concerning this
matter.
....
STUMP WEBSTER LAW
Gill)' L Stump . Ronakl S. Webst('r _ Pamc!" Craig . Jason J Recksiedlcr - Sage MorrisVVebslc! - Edmund T Woolfolk
Febrna.ry 14, 2007
Rf:!Ce.'VI!O
FES f 6 ZUD7
Captain Tolleson
City 0 f Winter Springs
Code En!{)rcemer.t Dcpartmcnt
300 N. Moss Road
Winter Springs, 1"132708
CITY Of' W,Nr"
Por"", c.i.7t~~1!I\lGS
Rc: City of Winter Springs v. Kish Tolia
Case ti: 05-0011192
Dear Cave Tolleson:
As you know, I am representing Kisl1 Tolia in connection with the above-captioned code
enforccment matter. We are presently on an appeal regarding the lines th.at have been levied in
tllis case anc.l attached hereto is a copy of the order from the circuit court abating the appealulItiJ
March 13,2007, This was on agreement with the City o[Wintcr Springs' attomey, Deborah
Nutcher.
We have had sevt:ral discussions regarding this case and it is my understanding you have
no objection for Mr. Tolia to seek forgiveness of the fir~e imposed and we arc hereby submitting
i1 written application in tbat regard pursuant to Sectioll 2-61.5 ofthe City Code. The application
is required to be made to the Community Development Director and, therefore, I have cc'd that
to tbe Community Development Director fi)r Ule City of Winter Springs, should you not be the
appropriate person to send this to.
P1.ll'Suant to the section noted, please see the following:
a. Tile Code Enforcement case number; fi: 05-0011192.
b. The date upon which the violator brought the subject property into
compliance with ihc City Cooc; Although it is Mr. Tolia's contention that he
was never in violation oCthe CIty Code because he did have a barrier around his
pool in compliance with all safety requirements of the (~ity, there was ll. new
screen cnclGsllrc done 011 Monday, August 14, 2006. A iinal inspection was
perfonned on August 25, 2006 :md a copy of that signed !!1Spccti01: is attached
hereto.
v. The t'actunl basis upon which the violator believes tbe apI)licntion for
reduction or forgiveness of the Iiell should be granted; !\1r. Tolia has always
had a pool enclosure it is believed that the issue was thal the pool eneloslll'c that
1'19 Peachtree Road _ Suite 200 . Orlando, Florida 32804
Telephone: 407 425 2583 _ Fax: 407422 30G8 _ \Vww.stumpwebsterlav'.'.com
February 14, 2007
Page 2 of2
he had was damaged a:ld that he had made some tomporary repairs which were
not very attractive. When the inspectioD took place, some ofthe enclosure was
not in the greatest of shape, however, there was one in plcce. Mr. ToIia was
having a great deal of trouble getting things dOlle, a.~ his wife had recently died
and he had some other financial and family issues to contend with. However, at
all times, hc believes he made certain that the pool area would be enclcsed in
some fashion, although certainly in a vcry unattractive way in the temporary sta.te.
He dealt with several contractors who had agreed to repair it, but he did not find
one who actually did the work until August of2006, when a brand new enclosure
was installed that was attractivc and, of course, met the code as weil, Mr. Tolia
has becn in cnntact continuously with Captai.:1 Tolleson, wbo has indicall..>d he has
no objection to the forgive,noss of the fine, bultha! the hoard must decide.
d. The terms upon whieh a satisfaction or release of lien should be granted: It is
requested that the City reverse the penalty on the basis that Mr. Tolia dismiss his
present appeal now pending before the Circuit Court to avoid any additional
expenditure 0 f time and money by either party.
e. The reasons, if any, compliance was 1I0t obtaiut:d prior to the order of
penalty I,," fine bcing recorded: As indicated earlier, Mr. Tolia was having a
great deal of family issues with his wife dying and financial problems in obtaining
the money to build a brand new tmclosurc. He had mudc temporary repairs,
whiGh County inspection did not fcel was uttractivc or appropriate.
f. The reduction ill penalty or fine sought hy the violator: Mr. Tolia would
request a complete reduction in the penalty or tines imposed or, ill the alternative,
the payment of a fine of S500 should the board dctc:mine that a complete
reduction is not appropriate.
g. An)' other information which the violator deems pertinent to the request,
including but not limited to thl~ circumstanccs that exist which would
Wllrrant the reduction or forgiveness of the pellalt:~: 0'. fine: ML Toli.\ is a
long time resident ofthe City of \Vintcr Sprines and intends to remain in the city.
He certainly wishes to abide by any and all code requirements and has been a law
abiding citi;:,cn throughout his long tenure in the City ofWinler Spring;;,
(~nc~~?
~ErSTER'
RSWlmt
Enclosure
cc; Kish Tolia