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HomeMy WebLinkAbout2003 11 18 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 18, 2003 I. CALL TO ORDER Vice Chairperson James B. Pitts called the Regulaz Meeting to order at 7:00 p.m. on Tuesday, November 18, 2003, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Vice Chairman James B. Pitts, present Boazd Member Dick Crenshaw, present Boazd Member Paul Krebs, absent Boazd Member Mathew Matisak, absent Boazd Member Gregory Roero, present Boazd Member Greg Thompson, absent Boazd Member Mervin Wazner, present The Pledge of Allegiance followed Roll Call. Vice Chairperson Pitts inquired as to whether there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "Tonight we will Hear "B", "C", "D", "J" & "K" Assistant to the City Clerl~ Ms Nicole Seivers, swore in those persons who may be providing testimony during the presentation of tonight's cases. II. CONSENT CONSENT A. Approval Of The September 16, 2003 Regular Meeting Minutes. Vice Chairman Pitts requested a "Motion to approve the Minutes". "SO MOVED:' MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 2 OF 14 VOTE: BOARD MEMBER ROERO BOARD MEMBER CRENSHAW BOARD MEMBER WARNER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. • • III. REGULAR REGULAR B. CASE #03-0001927 231 North 3rd Street Christina Fuentes Section 20-433. (Disabled Motor Vehicle -Unlicensed) Repeat Offender Captain Glen Tolleson presented his case and stated that "'This case was heard April 15, 2003 and issued a Relief Order -said the property was not in compliance and would be brought back to the Boazd with a fine of two hundred and fifty dollars (250.00) a day. The unlicensed vehicle was sited again on September 27, 2003, by Code Enforcement Inspector Cathy Davidson, the property has been posted, certified mail sent and signed for on October 29, 2003, they aze currently not in compliance and we aze asking for a Finding of Fact and Relief Order stating in it the Relief Order of April 15, 2003." Brief discussion. FINDING OF FACT: KIN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHRISTINA FUENTES, CODE ENFORCEMENT BOARD NUMBER 03-0001927, 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. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, CHRISTINA FUENTES AT 231 NORTH THIRD STREET -WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 20-433. (DISABLED MOTOR VEHICLE -UNLICENSED] OF THE CITY CODE EXISTED, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 3 OF 14 (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SUCH 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 VIOLATORS WERE NOT PRESENT AT THIS HEARING, (5) THAT SUCH VIOLATION EXISTS AND 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 CRENSHAW. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. RELIEF ORDER -ORDER OF THE BOARD: ~~IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CHRISTINA FUENTES, CODE ENFORCEMENT BOARD NUMBER 03-0001927, THE VIOLATOR, CHRISTINA FUENTES, HAVING BEEN FOUND IN VIOLATION OF SECTION 20- 433. [DISABLED MOTOR VEHICLE -UNLICENSED] - OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN - AS SOON AS THEY RECEIVE THE NOTIFICATION OF THE DECISION OF THE BOARD -AFTER NOTIFICATION IS CORRECTED -THE VIOLATION OF THE CITY CODE - IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED WHICH IS IMMEDIATELY WHEN RECEIVING NOTIFICATION, A FINE OF FIVE HUNDRED DOLLARS (500.00) WILL BE IMPOSED PER DAY, ADDING TO THE $12,750.00 THAT WAS CITED AS OF 11/18 [2003], UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CITY'S CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. ALSO THE BOARD DIRECTS THAT THE CITY OF WINTER SPRINGS WOULD REMOVE THE VEHICLES WHENEVER POSSIBLE. 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 SUCH VIOLATIONS. THE FINE FOR SUCH REOCCURRENCE SHALL CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 4 OF 14 BE A MAXIMUM OF 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 BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA:' MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: VICE CHAII2MAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. REGULAR C. CASE #03-0003117 751 Night Owl Lane Christopher McMillian Section 6-195. (Fence In Disrepair) Repeat Offender Captain Tolleson advised the Board that this is a repeat offender, original relief order gave Mr. McMillian seven (7) days after notification to correct this offence, Corporal Romero re-inspected on October 8, 2003, re-posted and certified mail sent on October 24, 2003 -currently still not in Compliance, we are asking for a Finding of Fact and Relief Order as a Repeat Offender -fifty three (53) days at fifty dollars (50.00) per day. Brief discussion. FINDING OF FACT: "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 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 THE VIOLATOR, CHRISTOPHER MCMILLIAN -WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59.OF THE CITY CODE THAT A VIOLATION OF SECTION 6-195. (FENCE IN DISREPAIR] OF THE CITY CODE EXISTED, CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 5 OF 14 (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 IS NOT PRESENT AT THIS HEARING, (5) THAT SAID VIOLATION EXISTED OR CONTINUES TO EXIST UPON THE VIOLATORS PROPERTY, AND I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IlVIlIZEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER WARNER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. RELIEF ORDER -ORDER OF THE BOARD: ~~IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS CHRISTOPHER MCMILLIAN, CODE ENFORCEMENT BOARD NUMBER - 03-0003117, THE VIOLATOR [CHRISTOPHER MCMILLIAN] HAVING BEEN FOUND IN VIOLATION OF SECTION 6-195. [FENCE IN DISREPAIR] OF THE CITY CODE, I MOVE THAT UPON -NOTIFICATION OF THIS VIOLATION OF THE CITY CODE - $2,600.00 FOR FAILING TO COMPLY WITH THE PREVIOUS RELIEF ORDER -AND $100.00 A DAY, COMMENCING FROM THE DAY OF RECEIPT -UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHER, 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 - 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 BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA:' MOTION BY BOARD MEMBER WARNER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 6 OF 14 VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. REGULAR D. CASE #03-0003725 54 South Edgemon Avenue Ben Blackman Section 20-433. (Disabled Motor Vehicle -Unlicensed) Captain Tolleson stated that the property was originally found in non-compliance by Inspector Davidson and issued a warning on August 26, 2003, re-inspection on September 9, 2003, the property has been posted and certified mail sent September 29, 2003 - is currently not in Compliance and we are asking for a Finding of Fact and appropriate Relief Order. Brief discussion. FIIVDIIVG OF FACT: ~~IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS BEN BLACKMAN, CODE ENFORCEMENT BOARD NUMBER 03-0003725, 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. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (2) THAT THE VIOLATOR, BEN BLACKMAN -WAS PROVIDED NOTICE IN ACCORDANCE WITH THE SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE - UNLICENSED] OF THE CITY CODE EXISTS, (6) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION, (7) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED, (8) 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 NOT PRESENT, (9) THAT SAID VIOLATION EXISTS 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 -NOVEMBER 18, 2003 PAGE 7 OF 14 VOTE: BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED RELIEF ORDER -ORDER OF THE BOARD: uIN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS BEN BLACKMAN, CODE ENFORCEMENT BOARD NUMBER 03-0003725, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLE - UNLICENSED] OF THE CITY CODE, 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 THAT TIME PROVIDED A FINE OF -FIFTY DOLLARS ($50.00) WILL BE IMPOSED, PER DAY, PER VIOLATION, UPON COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY OR ALL FURTHER REOCCURRENCES OF THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS - THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SUCH VIOLATIONS. THE FINE FOR SUCH REOCCURRENCE SHALL BE A MAXIMUM OF 250.00 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 BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED C1TY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 8 OF 14 REGULAR J. CASE #03-0004087 100 Cory Lane Jeffrey T. Kiser Vehicle Owner: Atlantic Plumbing Design Inc. Section 20-431. & 20-432. (Commercial Vehicle) Captian Tolleson reported the dates the citations were issued and stated that "The vehicle is owned by Atlantic Plumbing Design Inc., 357 North Yolusia Avenue, Orange City, Florida 32763. The van was given thirty (30) days to acquire magnetic signs and upon re-inspection by Corporal Romero October 30, 2003 -vehicle was still in Violation. We are asking for a Finding of Fact and appropriate Relief Order. Corporal Jose Romero, Winter Springs Police Department reported additional dates that the vehicle was cited. Lieutenant Dave Smith, Winter Springs Police Department approached the bench and reported the dates and times he saw the vehicle there. Frank Petitto, representative for Atlantic Plumbing Design Inc. approached the bench to give testimony. Discussion. FINDING OF FACT.• KIN THE CASE OF CITY OF WINTER SPRINGS VERSUS JEFFERY T. KISER -THE CODE ENFORCEMENT BOARD NUMBER 03-0004087, 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. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT THE VIOLATOR, JEFFERY T. KISER -WAS PROVIDED WITH NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, THAT THE VIOLATION OF SECTIONS 20-431. & 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED, (2) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT THE 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 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 9 OF 14 BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLATOR WAS PRESENT AT THIS HEARING, (5) THAT SAID VIOLATION EXISTED 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 WARNER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE VICE CE[~~I][tMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Tape 1/side B AMMEIVDED RELIEF ORDER -ORDER OF THE BOARD: KIN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JEFFERY T. KISER [AND ATLANTIC PLUMBING], CODE ENFORCEMENT BOARD NUMBER 03- 0004087, THE VIOLATORS, JEFFERY T. KISER [AND ATLANTIC PLUMBING], HAVING BEEN FOUND 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 CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIlVIE PROVIDED A FINE OF SEVENTY FIVE DOLLARS ($75.00) - PER DAY, PER VIOLATION WILL BE IMPOSED, UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHER, ANY AND ALL FURTHER 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 $250.00 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, THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA. 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 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 10 OF 14 IMMEDIATELY." MOTION BY BOARD MEMBER BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. REGULAR K. CASE #03-0004213 205 San Gabriel Street Donna M.. & Michael S. Mauro Sr. WARNER. SECONDED BY Tenants: Louie Hernandez & Emily Figueroa Section 4-1(20.25) & 13-34. (Noisy Animal -Barking Dog) Captain Tolleson presented his case, reporting to the Board the date's citations were made and that we have several witnesses for this case. We are asking for a Finding of Fact and Relief Order in this case. Captain Tolleson asked that Mr. Chairman go forward as Rebecca Pool of 207 San Gabriel Street and Nichole Mann of 207 San Gabriel Street have been served subpoenas - signed by them -and they failed to appear tonight -asking that they be taken forth for Contempt of Court. Vice Chairman Pitts asked Captain Tolleson - if we should postpone, Captain Tolleson informed him that we have Officers that have been subpoenaed, who have written citations and been out at those residents -instead of bringing them back next time, we would like to go ahead and get there testimony on the record, Vice Chairman Pitts agreed. Corporal Dale Thrush, Winter Springs Police Department gave testimony and reported the dates and times when he went to the residents home and wrote citations. Lieutenant Tom Broxton, Winter Springs Police Department, approached the bench and reported the date he was dispatched out to 207 San Gabriel Street and citation was issued -could not leave it - no one answered the door. Corporal Romero stated that he hand delivered Lieutenant Broxton's citation to Ms. Emily Figueroa the next morning. With consensus of the Board it was agreed to continue the case. FINDING OF FACT: ~~IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS {DONNA M. AND MICHAEL S. MAURO SR.] TENANTS: LOUIE I3ERNANDEZ AND EMILY C1TY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 11 OF 14 FIGUEROA, CODE ENFORCEMENT BOARD NUMBER 03-0004213, 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 THE OFFICERS OF WINTER SPRINGS. BASED UPON THE EVIDENCE AND THE TESTIMONY PROVIDED IN THESE PROCEEDINGS, 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 WARNER. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WARNER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. REGULAR M. APPOINTMENT OF CHAIRPERSON MOTION BY BOARD MEMBER WARNER TO NOMINATE VICE CHAIRMAN PITTS FOR CHAIRMAN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. MOTION BY BOARD MEMBER CRENSHAW TO NOMINATE BOARD MEMBER WARNER FOR VICE CHAIRMAN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER CREN5HAW: AYE BOARD MEMBER WARNER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 12 OF 14 •• AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. • • A. CEB-Ol-841 130 East Bahama Road King J. & Sindy Smith Section 13-2. (Debris Stored In Driveway -Junk) Repeat Offender REGULAR E. CASE #03-0003805 401 North Hawthorne Circle Madison & Shirley Wilson Section 20-433. (Disabled Motor Vehicles) REGULAR F. CASE #03-0003869 310 Birch Terrace Louis R. Verna Section 20-433. (Disabled Motor Vehicle -Unlicensed) REGULAR G. CASE #03-0003907 120 West Tradewinds Road Shane Watts Section 13-2. (Untended Grass And Weeds) REGULAR H. CASE #03-0003918 627 Dolphin Road Frank P. D'Amico Section 20-433. (Disabled Motor Vehicle -Unlicensed) REGULAR I. CASE #03-0003924 45 South Edgemon Avenue Danny White Section 10-26. (No Occupational License) Section 20-161. & 20-162. (Permitted Uses -Residential) REGULAR L. CASE #03-0004243 214 South Moss Road Theresa M. Mandigo Section 13-2. (Stagnant Pool) CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 13 OF 14 IV. FUTURE AGENDA ITEMS Captain Tolleson reported that 321 Cello Circle- a case heard back in August, there was currently a lien of $7,500.00 on that property - is now finalized through foreclosures and bankruptcies and several attorneys firms, they would like to ask the Board to reduce or release the liens -the offer was said to be in the mail. Vice Chairman Pitts requested a "Motion to approving the provision that Captain Tolleson and his department except - a reduction in the fine from the property owner and that he bring that information to the next Board Meeting". "SO MOVED:' MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. V. REPORTS Captain Tolleson advised the Board that the `Sunshine Law' is another thing that we are doing and would like to add a portion in our agenda for Public Input for those -who would like to address any particular issues. Board member Crenshaw suggested having them fill out the Public Input form. The Board Members unanimously agreed to add this to the agenda. Vice Chairman Pitts and Captain Tolleson advised the Board that Captain Tolleson will arrange guidance from the City Commission on the new City Ordinance -Public Nuisance. Discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -NOVEMBER 18, 2003 PAGE 14 OF 14 VI. ADJOURNMENT Vice Chairman Pitts adjourned the Meeting at 8:33 p.m. RESPECTFULLY SUBMITTED BY.• NICOLE SEIVERS ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 2003 Code Enforcement Board Meeting.