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HomeMy WebLinkAbout2003 08 19 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 19, 2003 I. CALL TO ORDER Chairperson Lurene Lyzen called the Regular Meeting to order at 7:00 p.m. on Tuesday, August 19,2003, 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 Mathew Matisak, present Board Member Greg Roero, present Board Member Greg Thompson, absent Board Member Mervin Warner, 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" "C" "G" "J" "Q" "BB" "DD" , , , , , , , , , , "EE", "HH", and "GG" would be heard tonight. I II. CONSENT CONSENT A. Approval Of The July 23, 2003 Regular Meeting Minutes. Chairperson Lyzen requested a Motion to approve the Minutes of July 23,2003. "I MOVE FOR APPROVAL." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON L YZEN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 2 OF 24 Assistant to the City Clerk, Ms. Nicole Seivers, swore in those persons who may be providing testimony during the presentation of tonight's cases. .:..:. AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. .:. .:. III. REGULAR REGULAR A. CASE #03-0002979 245 East Tradewinds Road Sidney B. & Julie S. Testerman Section 20-433. (Disabled Motor Vehicles) Relief Order: January 15,2002 Captain Tolleson reported the dates that citations were issued and stated that "As a repeat offender, the property was properly posted, and certified mail sent and returned on August 9, 2003. It is currently not in compliance as of the 18th and we are asking for a 'Finding Of Fact' and appropriate 'Relief [Order]." Mr. Jose Romero, Code Enforcement Officer, Police Department, stated that "The first vehicle _ did not have a tag on it, the second one had a tag but it expired". Mr. Sidney B. Testerman, 245 East Tradewinds Road, Winter Springs, Florida: stated, "1 am in compliance, I have removed the vehicles." Mr. Testerman also presented pictures to the Board, along with a towing receipt. Brief discussion. The Board Members agreed on issuing a "Finding of Fact". FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SIDNEY [B.] & JULIE [S.] TESTERMAN, CODE ENFORCEMENT BOARD NUMBER 03-0002979, 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 MR. SIDNEY TESTERMAN. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 3 OF 24 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT MR. TESTERMAN WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THAT A VIOLATION OF SECTION 20- 433. [DISABLED MOTOR VEHICLE] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATOR IS NOT IN VIOLATION OF THE STATED SECTIONS OF THE CITY CODE AT THIS TIME, AND THEREFORE I MOVE THAT THIS CASE BE FOUND IN COMPLIANCE, (3) THAT THE VIOLA TOR BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLA TIONS OF THIS SECTION OF THE CITY CODE SHALL BE CONSIDERED A REPEAT VIOLATION WITHOUT THE NECESSITY OF GIVING THE VIOLA TOR FURTHER TIME TO CORRECT SUCH VIOLATION. IF SUCH REPEAT VIOLATION IS FOUND TO HAVE EXISTED A FINE SHALL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DA Y, PER VIOLA TION BEGINNING ON THE FIRST DA Y THE VIOLA TION WAS FOUND TO EXIST; 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." MOTION BY BOARD MEMBER MATISAK. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MA TISAK: AYE CHAIRPERSON L YZEN: AYE MOTION CARRIED. REGULAR B. CASE #03-0001768 40 Tarpon Circle Richard Petty & Valleri A. Petty Section 20-431. & 20-432. (Commercial Vehicle) Relief Order: February 18, 2003 Captain Tolleson presented the case to the Board and stated, "The property was posted, certified mail was sent on August 9, 2003. It is not currently in compliance. We are asking for a 'Finding of Fact' and appropriate 'Relief [Order] as a repeat offender." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 4 OF 24 Mr. Richard Petty, 40 Tarpon Circle, Winter Springs, Florida: stated that his Commercial Vehicle "Can be put in my garage any day of the week but - are you going to make everybody else comply." Chairperson Lyzen advised Mr. Petty, "[The vehicle] is not in compliance." Mr. Petty responded, "No it is not." Discussion. Captain Tolleson and Mr. Richard Petty departed the Commission Chambers at 7:21 p.m. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS RICHARD PETTY & V ALLERI A. PETTY, CODE ENFORCEMENT BOARD NUMBER 03-0001768, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PRESENTED BY THE CODE INSPECTOR, AND HEARD AT THE HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND RICHARD PETTY AND V ALLERI A. PETTY. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATORS, RICHARD PETTY & VALLERI A. PETTY WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT THE VIOLATION OF SECTIONS 20-431. & 20-432. COMMERCIAL VEHICLE VIOLATION, IT IS A REPEAT VIOLATION OF THE CITY CODE EXISTS, (2) THAT THE VIOLA TORS WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (3) THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLA TION WITHIN THE TIME PROVIDED, (4) 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 THAT THE VIOLATOR WAS PRESENT AT THE HEARING, (5) THAT SAID VIOLATION EXISTS - OR CONTINUES TO EXIST UPON THE VIOLATORS PROPERTY; AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 5 OF 24 VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSON L YZEN: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER WARNER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. Captain Tolleson returned to the Commission Chambers at approximately 7:28 p.m. AMENDED RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS RICHARD PETTY & V ALLERI A. PETTY, CODE ENFORCEMENT BOARD NUMBER 03-0001768, THE VIOLATORS, RICHARD PETTY & V ALLERI A. PETTY, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTIONS 20-431. & 20-432., COMMERCIAL VEHICLE OF THE CITY CODE. I MOVE THAT THE VIOLATORS BE GIVEN TWO (2) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CODE ENFORCEMENT. IF THE VIOLATION IS NOT CORRECTED WITHIN THAT TIME PROVIDED A FINE OF TWO HUNDRED FIFTY DOLLARS ($250.00) A DAY WILL BE IMPOSED, PER DAY, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCE 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 VIOLA TION. THE FINE FOR SUCH REOCCURRENCE SHALL BE A MAXIMUM OF THREE HUNDRED DOLLARS ($300.00) 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. SINCE THE VIOLATOR DID LEAVE THE ROOM, AND HE WAS HERE WE WILL SEND A NOTIFICATION OF THIS TO HIM, CERTIFIED REGISTERED MAIL IMMEDIA TEL Y." MOTION BY BOARD ROERO. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: CHAIRPERSON L YZEN: AYE BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 6 OF 24 REGULAR C. CASE #03-0002897 703 AIton Road Michael G. Myers Section 20-433. (Disabled & Unlicensed Motor Vehicle) Captain Tolleson reported the dates that citations were issued and stated that "The property has been posted, and certified mail sent and received as of August 9, 2003. We are asking for a 'Finding of Fact' and appropriate 'Relief [Order]." Assistant to the City Clerk, Ms. Nicole Seivers, swore in other individuals who may be providing testimony during tonight's cases. Mr. Michael G. Myers, 703 Alton Road, Winter Springs, Florida: Mr. Myers approached the bench and stated, "1 do not have a picture but if you chose to have somebody go by there, the car is no longer there." After discussion, Captain Tolleson agreed to postponing the case "Until we have a chance to go revisit it." The Board agreed on issuing a "Finding of Fact With a Motion to Continue". Brief discussion. FINDING OF FACT WITH A MOTION TO CONTINUE: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS MICHAEL G. MYERS, CODE ENFORCEMENT BOARD NUMBER 03-0002897, 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 MR. MICHAEL G. MYERS. BASED UPON THE EVIDENCE AND TESTIMONY PROVIDED IN THIS PROCEEDING, I MOVE THAT THIS MATTER SHOULD BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD, OR TO SUCH SPECIAL MEETING ESTABLISHED BY THE CHAIRPERSON, AS THE EVIDENCE AND TESTIMONY PRESENTED WAS INCOMPLETE OR OTHERWISE INSUFFICIENT TO ALLOW THE BOARD TO RENDER A JUST AND FAIR RULING." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER MA TISAK. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON L YZEN : AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER MA TISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 7 OF 24 REGULAR G. CASE #03-0003117 751 Night Owl Lane Christopher McMillian Section 6-195. (Fence in Disrepair) Captain Tolleson reported the dates that citations were issued and stated that "The property has been posted, and certified mail sent and received on July 29, 2003 - we are asking for a 'Finding of Fact' and appropriate 'Relief' [Order]." Captain Tolleson presented pictures taken by Office Romero. With discussion, Board Members agreed to issue a "Finding of Fact With a Motion To Continue". FINDING OF FACT WITH A MOTION TO CONTINUE: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHRISTOPHER McMILLIAN, CODE ENFORCEMENT BOARD NUMBER 03-0003117, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTORS, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. BASED UPON THE EVIDENCE AND TESTIMONY PROVIDED IN THESE PROCEEDINGS, I MOVE THAT THIS MATTER SHOULD BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD, OR SUCH SPECIAL MEETING ESTABLISHED BY THE CHAIRPERSON, AS THE EVIDENCE AND TESTIMONY THAT WAS PRESENTED WAS INCOMPLETE OR OTHERWISE INSUFFICIENT TO ALLOW THE BOARD TO RENDER A JUST AND FAIR RULING." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON L YZEN : AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR J. CASE #03-0003149 110 East State Road 434 (Bank Of America) Barnett Bank of Seminole County C/O Deloitte & Touche LLP Section 16-53. (No Sign Permit) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 8 OF 24 Captain Tolleson reported the dates that citations were issued and stated that "The property was posted, and certified mail sent and received on August 13,2003. We are asking for a 'Finding of Fact' and appropriate 'Re1ie:f [Order]." Brief discussion. FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS BARNETT BANK OF SEMINOLE COUNTY, CODE ENFORCEMENT BOARD NUMBER 03-0003149, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD A T THE HEARING 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, BARNETT BANK OF SEMINOLE COUNTY _ WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT THE VIOLATION OF SECTIONS 16-53. NO SIGN PERMIT OF THE CITY CODE EXISTED, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLA TION WITHIN THE TIME PROVIDED, (4) 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 NOT PRESENT AT THIS HEARING, (5) THAT SAID VIOLATION EXISTS UPON THE VIOLA TORS PROPERTY; AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER MA TISAK. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 19,2003 PAGE 9 OF 24 VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MA TISAK: AYE CHAIRPERSON L YZEN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS BARNETT BANK OF SEMINOLE COUNTY CASE NUMBER 0003149, THE VIOLATOR, BARNETT BANK OF SEMINOLE COUNTY HAS BEEN FOUND IN VIOLATION OF SECTION 16-53. NO SIGN PERMIT OF THE CITY CODE." Tape l/Side B "I MOVE THAT THE VIOLATOR BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED A FINE OF ONE HUNDRED DOLLARS (100.00) PER DAY, PER VIOLATION, WILL BE IMPOSED, 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 NECESSARIL Y GIVING THE VIOLA TOR 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." MOTION BY VICE CHAIRPERSON PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSON LYZEN: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER WARNER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 19,2003 PAGE 10 OF 24 REGULAR Q. CASE #03-0003203 458 Lancers Drive Carla 1. Cunningham Section 13-2. (Untended Grass And Weeds) Captain Tolleson rerorted the dates that citations were issued and stated that "The property was posted on August 911. We are asking for a 'Finding of Fact' and appropriate 'Relief [Order]." Brief discussion. FINDING OF FACT: "IN THE CASE OlF THE CITY OF WINTER SPRINGS VERSUS CARLA 1. CUNNINGHAM, CODE ENFORCEMENT BOARD NUMBER 03-0003203, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMA TION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, CARLA 1. CUNNINGHAM - W AS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT THE VIOLATION OF SECTIONS 13-2. [UNTENDED GRASS AND WEEDS] OF THE CITY CODE EXISTED, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED, (4) 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 NOT PRESENT AT THIS HEARING, (5) THAT SAID VIOLATION - CONTINUES TO EXIST UPON THE VIOLATORS PROPERTY; AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER WARNER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE II OF 24 VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: NAY CHAIRPERSON LYZEN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CARLA 1. CUNNINGHAM, CODE ENFORCEMENT BOARD NUMBER 03-0003203, THE VIOLATOR, CARLA I. CUNNINGHAM, HAS BEEN FOUND IN VIOLATION OF SECTION 13-2. [UNTENDED GRASS AND WEEDS] OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN FIVE (5) 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) PER DAY, PER VIOLATION, WILL BE IMPOSED, 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 SAID VIOLATIONS. THE FINE FOR SUCH REOCCURRENCE SHALL BE A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00) PER DA Y, PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST; AND IF THE VIOLATION IS NOT CORRECTED IN THE TIME PROVIDED ABOVE THE CLERK OF THE CODE ENFORCEMENT BOARD WILL BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER WARNER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRPERSON L YZEN: AYE BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: NAY BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 12 OF 24 REGULAR BB. CASE #03-0003290 128 Stone Gable Circle Norbert & Patti J. Lutz Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson reported the dates that citations were issued and stated that "The property was posted, certified mail has been sent and received as of August 8, 2003. We are asking for a 'Finding of Fact' only." Captain Tolleson added, "Not only is it a Commercial [Vehicle], it is also oversized." Brief discussion. FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS NORBERT & PATTI J. LUTZ, CEB NUMBER 03-0003290, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT AND THE DESCRIPTIVE INFORMATION PREPARED BY THE CODE ENFORCEMENT INSPECTOR, AND HEARD THIS EVENING 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 NORBERT & PATTI J. LUTZ 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 THE PROPERTY, AND WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THAT THE VIOLATORS ARE NOT IN VIOLATION OF THE STATED SECTIONS OF THE CITY CODE AT THIS TIME, AND THEREFORE I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE, (3) THAT THE VIOLATORS BE NOTIFIED BY THIS BOARD THA T ANY FUTURE VIOLATIONS OF THESE SECTIONS OF THE CITY CODE SHALL BE CONSIDERED A REPEAT VIOLATION WITHOUT THE NECESSITY OF GIVING THE VIOLATORS FURTHER TIME TO CORRECT SUCH VIOLATION. IF SUCH REPEAT VIOLATION IS FOUND TO EXIST THEN A FINE SHALL BE IMPOSED IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY OF THE VIOLATION WAS AGAIN FOUND TO EXIST." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER MA TISAK. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 13 OF 24 VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON LYZEN: AYE BOARD MEMBER MA TISAK: AYE MOTION CARRIED. REGULAR DD. CASE #03-0003321 207 Bennett Street Kathleen M. Lampe Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson reported the dates that citations were issued and stated that "The property was posted, and certified mail has been sent and received as of August 9th. We are now asking for a 'Finding ofFact'." Captain Tolleson advised further that the vehicle is "Oversized as well". Brief discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS KATHLEEN LAMPE, CODE ENFORCEMENT BOARD NUMBER 03-0003321, 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. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT MS. KATHLEEN LAMPE WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE; THA T A VIOLA TION OF SECTIONS 20-431. & 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED UPON HER PROPERTY, AND WAS PROVIDED A REASONABLE AMOUNT OF TIME TO CORRECT SAID VIOLATIONS, (2) THAT THE VIOLATOR IS NOT IN VIOLATION OF THE STATED SECTIONS OF THE CITY CODE AT THIS TIME, AND THEREFORE I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE, (3) THAT THE VIOLATOR BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLA TIONS OF THESE SECTIONS OF THE CITY CODE SHALL BE CONSIDERED A REPEAT VIOLATION WITHOUT THE NECESSITY OF GIVING THE VIOLATOR FURTHER TIME TO CORRECT SUCH CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 14 OF 24 VIOLATION. IF SUCH REPEAT VIOLATION IS FOUND TO HAVE EXISTED A FINE SHALL BE IMPOSED IN THE AMOUNT OF ONE HUNDRED FIFTY DOLLARS ($150.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY OF THE VIOLATION WAS AGAIN FOUND TO EXIST." MOTION BY BOARD MEMBER MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER W ARNER: AYE CHAIRPERSON L YZEN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR EE. CASE #03-0003368 1839 Seneca Boulevard Citifinancial Mortgage Co. Section 6-195. (Fence In Disrepair) Section 13-2. (Stagnant Pool) Captain Tolleson reported the dates that citations were issued and stated that "It was posted, and certified mail sent August the 11 tho We are asking for a 'Finding of Fact' and appropriate 'Relief' [Order]." Captain Tolleson presented pictures to the Board. Brief discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CITIFINANCIAL MORTGAGE COMPANY, CODE ENFORCEMENT BOARD NUMBER 03-0003368, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMA TION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 150F24 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, CITIFINANCIAL MORTGAGE COMPANY - WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT THE VIOLATION OF SECTION 13-2. STAGNANT POOL OF THE CITY CODE EXISTED, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (3) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED, (4) 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 NOT PRESENT AT THIS HEARING, (5) THAT SAID VIOLATION EXISTS UPON THE VIOLATORS PROPERTY; AND I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MA TISAK: AYE CHAIRPERSON L YZEN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CITIFINANCIAL MORTGAGE COMPANY, CODE ENFORCEMENT BOARD NUMBER 03-0003368, THE VIOLATOR, CITIFINANCIAL MORTGAGE COMPANY, HAS BEEN FOUND TO BE IN VIOLATION OF SECTION 13-2. [STAGNANT POOL] OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THAT TIME PROVIDED A FINE OF TWO HUNDRED FIFTY DOLLARS ($250.00) WILL BE IMPOSED PER DAY, PER VIOLATION, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE 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 SAID VIOLATION. THE FINE FOR SUCH REOCCURRENCE SHALL BE CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 16 OF 24 A MAXIMUM OF THREE HUNDRED AND FIFTY DOLLARS ($350.00) 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 THE ORDER INTO THE PUBLIC RECORD FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRPERSON L YZEN : AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER WARNER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS ARE DOCUMENTED IN THE ORDER AS DISCUSSED. .:..:. REGULAR HH. CASE #03-0003459 235 Stoner Road Michael Mallin Chapter 5 (Clearing And Removal Of Vegetation) Captain Tolleson presented the case and stated that "The property was posted, and certified mail was sent August 5, 2003. We are asking for a 'Finding of Fact' and 'Relief [Order]." Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department, was called to give testimony. Tape 2/Side A Ms. Yvonne Froscher, 623 Sailfish Road, Winter Springs, Florida: addressed "Construction activities and impacts to trees" and suggested the property owner "Have - the Florida Department of Environmental Protection look at his site to insure that - there are no wetlands that have been impacted by the clearing that has occurred there". Mr. Michael Mallin, 235 Stoner Road, Winter Springs, Florida: stated his intention was to "Clear out the brush and landscape, and remove and unsafe or diseased trees". Discussion. Captain Tolleson presented into evidence a "Plat from Seminole County which delineates what is City property and where the creek is". CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 170F24 FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MICHAEL MALLIN, CODE ENFORCEMENT BOARD NUMBER 03-0003459, 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 MICHAEL MALLEN, THE CITY ARBORIST, AND YVONNE FROSCHER. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, MR. MICHAEL MALLIN WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT THE VIOLATION OF CHAPTER - 5 [CLEARING AND REMOVAL OF VEGETATION] OF THE CITY CODE EXISTED, THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (2) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLA TION WITHIN THE TIME PROVIDED, (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 PRESENT AT THE HEARING, ( 4) THAT THE VIOLATION STILL EXISTS UPON THE VIOLATOR'S PROPERTY; I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE CHAIRPERSON L YZEN : AYE MOTION CARRIED. Discussion. Tape 2/Side B CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 18 OF 24 RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS MICHAEL MALLIN, CODE ENFORCEMENT BOARD NUMBER 03-0003459, THE VIOLATOR, MR. MICHAEL MALLIN, HAVING BEEN FOUND TO BE IN VIOLATION OF CHAPTER 5 CLEARING AND REMOVING OF VEGETATION, OF THE CITY CODE, I MOVE THAT THE VIOLATOR BE GIVEN - BE GIVEN NINTY (90) DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. IF THE VIOLA TION IS NOT CORRECTED WITHIN THE TIME PROVIDED, A FINE OF $4,000.00 WILL BE IMPOSED - UNTIL COMPLETION IS ACHIEVED AS VERIFIED - $4,000.00 FOR THE VIOLATION, AS VERIFIED BY THE CODE ENFORCEMENT INSPECTORS OF THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURENCE OF THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BElFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARIL Y GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SUCH VIOLA TION. IF THE - FINE IS NOT PAID WITHIN THE TIME PROVIDED, WOULD BE NINTY (90) DAYS, THE CLERK OF THE COURT, THE CLERK OF THE CODE ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COpy OF THIS ORDER INTO THE PUBLIC RECORD FOR SEMINOLE COUNTY, FLORIDA. FINALLY AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, AND I FURTHERMORE MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER ROERO. SECONDED. DISCUSSION. VOTE: CHAIRPERSON L YZEN : AYE BOARD MEMBER MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR GG. CASE #03-0003458 235 Stoner Road Michael Mallin Chapter 5 (Removal Of Trees Without A Permit) Captain Tolleson presented the case and stated "It was posted August 5t\ 2003, it is currently not in compliance, and we are asking for a 'Finding of Fact' and appropriate 'Relief' [Order]." Captain Tolleson presented pictures to the Board, and Mr. Mingea addressed those pictures. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 19 OF 24 After much discussion, the Board agreed to issue a "Finding of Fact with a Motion to continue". FINDING OF FACT WITH A MOTION TO CONTINUE: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS MR. MICHAEL MALLIN, CODE ENFORCEMENT BOARD NUMBER 03-0003458, 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 MR. MICHAEL MALLIN. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT THE VIOLATOR, MR. MICHAEL MALLIN, WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, WITH THE VIOLA TION OF SECTION CHAPTER 5 REMOVAL OF TREES WITHOUT PERMIT, OF THE CITY CODE EXISTS. THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SUCH VIOLATION, THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED, 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 PRESENT AT THE HEARING AND THAT THE VIOLATIONS EXIST UPON THE VIOLATOR'S PROPERTY. I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER MA TISAK. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON L YZEN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER MA TISAK: AYE MOTION CARRIED. Discussion. Mr. Mingea advised the Board that "In this particular case you may have to get an additional aide to see adjudication so we can come to a conclusion." Vice Chairman Pitts asked, "So we can get a report back at the next Meeting?" Board Member Matisak said, "Yes, get it back at the next Meeting. But I also think if there are any costs associated with this, with the City, that Mr. Mallin would have to incur those costs." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 20 OF 24 Board Member Matisak added, "We are not going to render any judgement today. We are going to continue this case to our next Meeting. Between now and the next Meeting, you [Mr. Mallin] and the Arborist will be getting together to assess what damage is done and what it would cost to actually repair, with a landscaper, to repair and get that land in a condition where it is not a detriment to the surrounding environment. If there is a third party involved, that we need to get in to do that, and I am assuming that is the State Agency that you talked about before, if there is a cost associated with that, and there is some cost for the City time to have him come out and do that, that is going to have to be part of the fine. So that is also something from Code [Enforcement] that we would need to have is an assessment of costs to the City to put this on. You [Mr. Mallin] would be responsible for that." Discussion. RELIEF ORDER WITH A MOTION TO CONTINUE: "IN THE CASE OF WINTER SPRINGS VERSUS MR. MICHAEL MALLIN, CODE ENFORCEMENT BOARD NUMBER 03-0003458, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR AND - HEARD AT THE HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND MR. MICHAEL MALLIN AND MS. FROSCHER. BASED UPON THE EVIDENCE AND TESTIMONY PROVIDED IN THIS PROCEEDING, I MOVE THAT THIS MATTER SHOULD BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD TO SUCH SPECIAL MEETING AS ESTABLISHED BY THE CHAIRPERSON. EVIDENCE AND TESTIMONY PRESENTS WITH INCOMPLETE OR OTHERWISE INSUFFICIENT TO ALLOW THE BOARD TO RENDER A JUST AND FAIR RULING." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN PITTS. ])ISCUSSION. BOARD MEMBER ROERO ADDED, "WE ARE GOING FOR THIRTY (30) DAYS, IS THAT WHAT WE ARE SAYING?" VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MA TISAK: AYE CHAIRPERSON L YZEN: AYE MOTION CARRIED. Tape 3/Side A .:. .:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:..:. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 21 OF 24 REGULAR D. CASE #03-0003053 618 Locust Court Gregory A. Malencheck Section 20-433. (Unlicensed Motor Vehicle) REGULAR E. CASE #03-0003080 765 South Edgemon Avenue Theresa Nicosia Trustee FBO Theresa A. Nicosia Section 20-433. (Unlicensed Motor Vehicle) REGULAR F. CASE #03-0003116 623 Pearl Road Chase Manhattan Mortgage Corp. Section 13-2. (Untended Grass And Weeds) REGULAR H. CASE #03-0003144 215 Birch Terrace Toka G. Espey Section 20-433. (Unlicensed Motor Vehicle) REGULAR I. CASE #03-0003147 1019 Chokecherry Drive Frank R. Mittelstaedt & Sandra E. Mittelstaedt Section 20-433. (Disabled Motor Vehicles) REGULAR K. CASE #03-0003163 213 Mockingbird Lane Delores T. Piquet Section 13-2. (Untended Grass And Weeds) REGULAR L. CASE #03-0003173 414 Cedarwood Court Matthew O. & Shelia L. Benton Section 13-2. (Untended Grass And Weeds) REGULAR M. CASE #03-0003176 60 2nd Street North Sarah C. Vershure Section 13-2. (Untended Grass And Weeds) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 22 OF 24 REGULAR N. CASE #03-0003177 645 Pearl Road James R. & Paula G. Carter Section 6-195. (Fence In Disrepair) REGULAR O. CASE #03-0003182 155 Stone Gable Circle William & Rashelle Danner Section 20-431. & 20-432. (Commercial Vehicle) REGULAR P. CASE #03-0003187 202 Elderwood Street William C. Pagan Section 20-433. (Disabled Motor Vehicle) REGULAR R. CASE #03-0003205 234 Buttonwood Avenue. Mark H. Randall Tenant: Terry Roger Maloney Section 20-433. (Unlicensed Motor Vehicle) REGULAR S. CASE #03-0003234 298 San Gabriel Street Haydee F. Rubio Section 20-433. (Unlicensed Motor Vehicle) REGULAR T. CASE #03-0003235 298 San Gabriel Street Haydee F. Rubio Section 20-433. (Unlicensed Motor Vehicle) REGULAR U. CASE #03-0003237 328 San Rafael Court Nicolosa E. Ochoa Tenant: Isaac Arroyo Section 20-433. (Disabled & Unlicensed Motor Vehicle) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 23 OF 24 REGULAR V. CASE #03-0003252 190 North Bombay Avenue Irma Rodriquez Tenant: Misty Carver Section 20-431. & 20-432. (Commercial Vehicle) REGULAR W. CASE #03-0003253 101 North Bombay Avenue Christopher Oddo Tenant: Randy Mast Section 20-431. & 20-432. (Commercial Vehicle) REGULAR X. CASE #03-0003255 339 Kirkcaldy Drive Jeffery Fekay & Stacy L. Cichon Section 20-431. & 20-432. (Commercial Vehicle) REGULAR Y. CASE #03-0003278 411 North Hawthorne Circle Jessica Harwell Section 20-433. (Disabled Motor Vehicle) REGULAR Z. CASE #03-0003282 403 Murphy Road Kimberly L. Korsness Section 20-433. (Disabled & Unlicensed Motor Vehicle) REGULAR AA. CASE #03-0003283 708 Timberwilde Avenue Jon M. & Caroline Y. Scott Section 6-46. (No Building Permit - Roof) REGULAR Cc. CASE #03-0003305 1377 Blue Spruce Court Dale A. & Jackie Q. Daniels Section 20-411. (Trailer) REGULAR FF. CASE #03-0003422 81 North Edgemon Avenue WaIter T. & Crystal A. Craven Section 13-2. (Trash & Debris) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 19,2003 PAGE 24 OF 24 IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS No Reports were given. VI. ADJOURNMENT Chairperson Lyzen adjourned the Meeting at 10:07 p.m. RESPECTFULLY SUBMITTED BY: HOLL Y N. PIERSTORFF, ASSISTANT TO THE CITY CLERK; AND tAft e~& J&V.e,uJ NICOLE SEIVERS ASSISTANT TO THE CITY CLERK S:ldept - City Clerk\Advisory Boards and CommitteeslCode Enforcement Board\ALLLIMINUTES\081903 REGULAR.doc NOTE: These Minutes were approved at the 9 !Ito ,2003 Code Enforcement Board Meeting.