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Home My WebLink About2004 04 20 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING TUESDA Y, APRIL 20, 2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order at 7:01 p.m. on Tuesday, April 20, 2004, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman James B. Pitts, present Vice Chairman Mervin Warner, present Board Member Dick Crenshaw, present Board Member Paul Krebs, absent Board Member Mathew Matisak, present Board Member Greg Roero, present Board Member Greg Thompson, absent Chairman Pitts led the Pledge of Allegiance. Chairman Pitts inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes sir, we do. Tonight we are going to hear Cases 'C', 'G' and 'H'." Deputy City Clerk Debbie Franklin, 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. .:. .:. II. CONSENT AGENDA CONSENT A. Approval Of The March 16, 2004 Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE MINUTES. MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER MATISAK. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 2 OF 10 VOTE: BOARD MEMBER MA TISAK: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER CRENSHAW: AYE III. REGULAR AGENDA REGULAR A. CASE #02-0000786 200 Moss Road Aura C. Manieri Section 13-2. (Untended Grass And Weeds) Repeat Offender This Agenda Item was not brought to the Hearing, REGULAR B. CASE #04-0004678 765 South Edgemon Avenue Theresa Nicosia Trustee FBO Theresa A. Nicosia Section 13-2. (Trash And Debris - Unsightly Matter) This Agenda Item was not brought to the Hearing. REGULAR C. CASE #04-0004950 234 Holiday Lane Walter R. And Leslie V. Fuller Section 20-433. (Disabled Motor Vehicle - Unlicensed) Captain Tolleson stated, "Was issued February 1,2004." Furthermore, Captain Tolleson indicated, "The property was posted and certified mail sent and signed for on April 3, 2004. It currently is not in compliance and we are asking for a 'Finding and Fact' and 'Relief." Discussion. Ms, Leslie Fuller, 234 Holiday Lane, Winter Springs, Florida: commented that her daughter who owns the vehicle, has moved, but will be returning to Winter Springs to collect the vehicle. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 3 OF 10 Ms. Fuller indicated, "I do have keys to the car. It can be moved." Tape 2/Side B (Technical Difficulties On Side A) Chairman Pitts asked Ms. Fuller, "Is there an inconvenience for you to put in your garage?" Ms. Fuller stated, "No. No, I do not think so." Chairman Pitts asked Captain Tolleson, "Would that be acceptable to the City?" Captain Tolleson indicated, "Yes," FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS WALTER R. AND LESLIE V. FULLER, CODE ENFORCEMENT BOARD [CASE] NUMBER 04- 0004950, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE ENFORCEMENT INSPECTOR AND HEARD AT THE HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND - OTHER SWORN WITNESS THIS IS FOR. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED A T THE HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT THE VIOLATOR, WALTER R. AND LESLIE V. FULLER WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE IN VIOLATION OF SECTION 20-433. DISABLED MOTOR VEHICLE UNLICENSED, OF THE CITY CODE EXISTED: (1) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION. (2) THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITH 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 VIOLA TOR WAS PRESENT AT THE HEARING. (4) THAT SAID VIOLATIONS EXIST OR CONTINUES TO EXIST UPON THE VIOLA TOR'S PROPERTY. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 4 OF 10 VOTE: BOARD MEMBER MA TISAK: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Discussion. RELIEF ORDER: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS W ALTER R. AND LESLIE V. FULLER, CODE ENFORCEMENT BOARD [CASE] NUMBER 04- 0004950, THE VIOLATORS WALTER R. AND LESLIE V. FULLER HAVE BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. DISABLED MOTOR VEHICLE AND UNLICENSED, OF THE CITY CODE. I MOVE THE VIOLATOR BE GIVEN - TWO (2) 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 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 FROM THE CODE ENFORCEMENT BOARD WITHOUT NECESSARIL Y GIVING THE VIOLA TOR AN OPPORTUNITY TO CORRECT SUCH VIOLATION. THE FINE FOR SUCH 'REOCCURRENCE' SHALL BE [A] MAXIMUM OF FIFTY DOLLARS ($50.00) PER DAY, PER VIOLATION BEGINNING THE FIRST DAY THE VIOLATION IS FOUND TO EXIST. 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 RECORD FOR - SEMINOLE COUNTY, FLORIDA. FINALLY, AS THE VIOLATOR IS PRESENT AT THE HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THA T THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THE ORDER IMMEDIATELY." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 5 OF 10 VOTE: VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER MA TISAK: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. Chairman Pitts clarified that, "Within forty-eight (48) hours have the car in the garage, out of view, and all this goes away. If in fact, it comes out of the garage and it is not tagged, then an automatic fine of Fifty Dollars ($50.00) per day will be imposed until it is corrected." Ms. Fuller indicated, "I understand." REGULAR D. CASE #04-0005006 521 Lombardy Road Lenore D. Scheels Section 20-433. (Disabled Motor Vehicle) This Agenda Item was not brought to the Hearing. REGULAR E. CASE #04-0005056 51 South Devon Avenue Anthony Cane Section 20-431. And 20-432. (Commercial Vehicle) This Agenda Item was not brought to the Hearing. REGULAR F. CASE #04-0005281 1102 Winged Foot Circle West Jean L. Kirt Section 20-431. And 20-432. (Commercial Vehicle) This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 6 OF 10 REGULAR G. CASE #04-0005419 311 Montrose Street Judy D. Smith Section 20-431. And 20-432. (Commercial Vehicle) Captain Tolleson stated, "Was issued [the] first notice of Violation on December 7, 2003 and again on January 7, 2004. Was cited again on February 23,2004. The property was posted and certified mail sent on March 3, 2004. Currently, [it] is in compliance and on April 12, 2004, the property owner stated the vehicle is no longer at the residence. Her son, who owned the vehicle, had lost his job or quit that job. We are asking for 'Finding of Fact' only." FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JUDY D. SMITH, CODE ENFORCEMENT [BOARD] [CASE] NUMBER - 04-0005419, THE CODE ENFORCEMENT BOARD HAS READ - THE COMPLAINT AND THE DESCRIPTIVE INFORMA TION PREPARED BY THE CODE ENFORCEMENT 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 THAT [THE VIOLA TOR], JUDY D. SMITH WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. [OF THE] CITY CODE THAT THE VIOLATION OF SECTIONS 20-431. AND 20-432. COMMERCIAL VEHICLE, OF THE CITY CODE EXISTED UPON THEIR PROPERTY: (1) THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SUCH VIOLATION. (2) THAT THE VIOLATOR IS NOT IN VIOLATION OF THE STATED SECTION OF THE CODE AT THE TIME AND THEREFORE, I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE. (3) THAT THE VIOLA TOR BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATION OF THESE SECTIONS [20-431 AND 20-432] OF THE CITY CODE SHALL BE CONSIDERED A 'REPEAT VIOLATION' WITHOUT THE - [NECESSITY] OF GIVING THE VIOLATOR FURTHER TIME TO CORRECT SUCH VIOLATION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 7 OF 10 (4) IF SUCH 'REPEAT' VIOLATIONS [ARE] FOUND TO HAVE EXISTED, A FINE SHALL BE IMPOSED IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING THE FIRST DAY THE VIOLATION CAN BE FOUND TO EXIST." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER MATISAK. DISCUSSION. VOTE: BOARD MEMBER CRENSHA W: AYE BOARD MEMBER MA TISAK: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. REGULAR H. CASE #04-0005433 234 Buttonwood Avenue James P. Miller And William K. Cathey And Sharon L. Gates Tenant: Patricia C. Day Section 20-433. (Disabled Motor Vehicle) Captain Tolleson stated, "Was first issued a Violation on December 19, 2003 and again on January 3, 2004 and March 23,2004. An unlicensed vehicle was cited again on reinspection [on] April 3, 2004 by Inspector Davidson [Inspector, Cathy Davidson, Code Enforcement Department]. The property posted [and] certified mail sent and signed for on - April 9, 2004. Currently, [it] is now in compliance and we are asking for "Finding of Fact" only. Discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS JAMES P. MILLER AND WILLIAM K. CATHEY AND SHARON L. GA TES, CODE ENFORCEMENT BOARD CASE NUMBER 04-0005433, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT AND THE DESCRIPTIVE INFORMA TION PREPARED BY THE CODE INSPECTOR AND HEARING AT THIS MEETING THE SWORN TESTIMONY OF THE CODE INSPECTOR. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 8 OF 10 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED A T THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT, JAMES P. MILLER AND WILLIAM K. CATHEY AND SHARON L. GATES WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT THE VIOLATION OF SECTION 20-433. OF THE CITY CODE EXISTED UPON THEIR PROPERTY AND WERE PROVIDED A REASONABLE TIME TO CORRECT SUCH VIOLATIONS: (1) THAT THE VIOLATORS ARE NOT IN VIOLATION OF THE STATED SECTION OF THE 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 THAT ANY FUTURE VIOLATIONS OF THIS SECTION [20-433] OF THE CITY CODE SHALL BE CONSIDERED A 'REPEA T VIOLATION' WITHOUT THE NECESSITY OF GIVING THE VIOLATORS FURTHER TIME TO CORRECT VIOLATION. (4) IF SUCH 'REPEAT' VIOLATIONS [ARE] - FOUND TO HAVE EXISTED, A FINE SHALL BE IMPOSED IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION WAS FOUND TO EXIST." MOTION BY BOARD MEMBER MATISAK. SECONDED BY VICE CHAIRMAN WARNER. DISCUSSION. VOTE: VICE CHAIRMAN WARNER: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MA TISAK: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. Board Member Mathew Matisak requested for the record that Chairman Pitts open the forum for "Public Input". Chairman Pitts requested that the next "Agenda Item" be discussed. REGULAR I. Discussion On New June Meeting Date. Members of the Board and Captain Tolleson discussed rescheduling the June 15,2004 Code Enforcement Board Meeting due to a conflict with a City Commission Workshop Meeting. Captain Tolleson indicated that he normally reschedules Meetings in order to coordinate the "cases". With discussion, Captain Tolleson indicated that June 29, 2004 is his preferred date. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 9 OF 10 Discussion. WITH CONSENSUS OF THE BOARD, THE MEETING FOR THE MONTH OF JUNE IS SCHEDULED FOR TUESDAY, JUNE 29, 2004. MOTION CARRIED. IV. FUTURE AGENDA ITEMS Not discussed. V. REPORTS Chairman Pitts indicated that there is other business on the record. Board Member Matisak indicated that he will be reviewing the Motions in order to have them ready for submission to the Code Enforcement Board by the June Code Enforcement Meeting. Board Member Matisak discussed for the record training for the Code Enforcement Board. Captain Tolleson indicated that he is waiting for a training schedule. With discussion, Captain Tolleson stated, "I can get with the Clerk [City Clerk, Andrea Lorenzo-Luaces] and we will take care of - that for you all." "I AM PROPOSING - THAT, IF SOMEBODY ON THE [CODE ENFORCEMENT] BOARD WOULD SECOND - WE WOULD TAKE A VOTE TO LET THE [CITY] COMMISSION KNOW ON THE RECORD THAT WE ARE INTERESTED IN ATTENDING IF THAT IS THE CASE. MOTION BY BOARD MEMBER MATISAK. SECONDED BY CHAIRMAN PITTS. DISCUSSION. VOTE: VICE CHAIRMAN WARNER: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN PITTS: AYE BOARD MEMBER MA TISAK: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Board Member Matisak stated, "So, Captain [Tolleson] if you can see if you can get some details put together and I do not know if we have anything for the [City] Commission in order to attend, or fees." Captain Tolleson responded with, "I will take care of all - the arrangements and get to each one of you [Board Members]." On other related business matters, Chairman Pitts asked for the record if the Code Enforcement Board is covered for liability. Captain Tolleson indicated, "Yes, - we are. As long as we act in good faith, you are covered by the City [of Winter Springs]." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2004 PAGE 10 OF 10 VI. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at 7:40 p.m. RESPECTFULLY SUBMITTED BY: ~~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the June 29. 2004 2004 Code Enforcement Board Regular Meeting.