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HomeMy WebLinkAbout2004 09 21 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 21,2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order on Tuesday, September 21,2004 at 7:00 p.m., in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman James B. Pitts, present Vice Chairman Mathew Matisak, absent Board Member Dick Crenshaw, present Board Member Paul Krebs, arrived at 7:05 p.m. Board Member Laurent Pellerin, present Board Member Greg Roero, present 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 will be hearing Case' A', 'D', 'E', 'F', 'J', and 'M'. Mr. Chairman, I would like to have Case' A' moved to the end." Chairman Pitts stated, "Fine." Chairman Pitts introduced Mr. Larry Pellerin as the new Code Enforcement Board Member. Chairman Pitts also noted that Board Member Greg Thompson has resigned from the Code Enforcement Board. Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. II. CONSENT AGENDA CONSENT A. Approval Of The July 20, 2004 Regular Meeting Minutes. Chairman Pitts stated, "May I have a Motion for approval of the July 20th [2004] Regular Meeting [Minutes]?" "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 2 I, 2004 PAGE 2 OF 21 VOTE: BOARD MEMBER PELLERIN : AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. III. PUBLIC HEARINGS AGENDA - CONTINUED CASES None. IV. PUBLIC HEARINGS AGENDA - REPEAT CASES None. Board Member Paul Krebs arrived at 7:05 p.m. V. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS A. CASE #04-0005642 600 Old Sanford Oviedo Road Bartholmew D. Phillips Section 20-233. (Nonconforming Uses: Open Outdoor Storage And/Or Junkyards Are Prohibited Under "C-1" Zoning) Date Of Service: Certified - August 31, 2004 As previously mentioned, this Agenda Item will be discussed last. PUBLIC HEARINGS B. CASE #04-0006056 812 Big Buck Circle Tammy L. Nelson Section 6-195. (Fence In Disrepair) Date Of Service: Certified - August 24, 2004 This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 3 OF 21 PUBLIC HEARINGS C. CASE #04-0006057 816 Big Buck Circle Louise A. Henderson Section 6-195. (Fence In Disrepair) Date Of Service: Certified - August 24, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS D. CASE #04-0006144 320 North Edgemon Avenue Angela And Juan Lorenzo Section 12-53. (a) (b) (Disabled Motor Vehicle) Date Of Service: Certified - August 24, 2004 Captain Tolleson stated, "Date Certified it was sent out was August 24, 2004 and the property was posted on September the 11 th of 2004. It was originally cited on June the 15th of 2004 and issued a Notice of Violation Warning. They failed reinspection on June 2ih of 2004." Captain Tolleson added, "Currently, it is not in Compliance as of September 20th of 2004. We are asking for 'Finding of Fact' and 'Relief [Order]'." With discussion, Ms. Cathy Davidson, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS ANGELA [LORENZO] AND JUAN LORENZO, CASE NUMBER 04-0006144. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICERS, AND REVIEWING THE EVIDENCE PRESENT AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICERS HAVE PROVEN THEIR CASE BASED ON THE FOLLOWING: 1. THAT - ANGELA [LORENZO] AND JUAN LORENZO [WERE] PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 12-53. (a) AND (b) DISABLED MOTOR VEHICLE OF THE CITY CODE EXISTS. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 4 OF 21 2. THE RESIDENTS WERE PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY - CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENTS WERE NOT PRESENT AT THIS HEARING. 3. THE RESPONDENTS WERE PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENTS FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PERIOD. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT - [JUAN LORENZO] AND - [ANGELA] LORENZO HAVE VIOLATED SECTION 12-53. (a) AND (b) DISABLED MOTOR VEHICLE OF THE CITY CODE AND A JUDGMENT OF 'GUILTY' BE ORDERED FOR THIS RECORD. I FURTHER MOVE THAT [AN] APPROPRIA TE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: BOARD MEMBER PELLERIN : AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Discussion. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS MR. AND MRS. LORENZO, CASE NUMBER 04-0006144. HAVING BEEN FOUND 'GUILTY' FOR VIOLATION OF SECTION 12-53. SECTION[S] (a) AND (b) DISABLED MOTOR VEHICLE OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. MR. AND MRS. LORENZO, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF [ONE] HUNDRED DOLLARS ($100.00) WILL BE IMPOSED PER DAY UNTIL THE COMPLIANCE HAS BEEN VERIFIED BY THE CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,2004 PAGE 5 OF 21 FURTHERMORE, - [JUAN LORENZO] AND [ANGELA] LORENZO, 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 [ONE] HUNDRED AND FIFTY DOLLARS ($150.00) 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 FRAME SET FORTH BY THIS BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS E. CASE #04-0006247 1032 Winter Springs Boulevard Carlos And Lynn Garcia Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Vehicle Owner: Nancy L. Zawada Date Of Service: Certified - August 24, 2004 Captain Tolleson stated, "It was originally cited June 25th of 2004 and issued a Notice of Violation of Waming. It failed the reinspection again on July 8th [2004] and again on August the 8th [2004]. Certified mail and Notice was sent out on August 25th [2004]. The property was posted September 11th 2004. Currently, it is not in Compliance as of September 20th 2004 and we are asking for a 'Finding of Fact' and once again into evidence I would like to place the 'Posting' by Investigator Davidson. Carlos and Lynn Garcia are here tonight." Discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,2004 PAGE 6 OF 21 Ms. Lynn Garcia, 1032 Winter Springs Boulevard, Winter Springs, Florida: Ms. Garcia commented on the "Title" being in her deceased Mother's name. Board Member Dick Crenshaw asked, "Are you planning on keeping the vehicle?" Ms. Garcia stated, "No, I actually have to sell it." Board Member Greg Roero asked, "What are we talking about in time?" Ms. Garcia stated, "I could get it moved within the ten (l0) days. That is no problem." Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS CARLOS [GARCIA] AND LYNN GARCIA, CASE NUMBER [04-]0006247. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MRS. GARCIA AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT - [OFFICER] HAS PROVEN HIS OR HER CASE BASED ON THE FOLLOWING: 1. [CARLOS GARCIA] AND [LYNN] GARCIA [WERE] PROVIDED NOTICE BY THE [CODE] ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE OF THE CITY CODE THAT VIOLATION OF SECTION 12-53. (a) AND (b) OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THE HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE [RESPONDENT'S] PROPERTY. THEREFORE, I MOVE THAT THE BOARD FIND THAT [CARLOS GARCIA] - AND [LYNN] GARCIA VIOLATED SECTION 12-53. OF THE CITY CODE AND A JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,2004 PAGE 7 OF 21 VOTE: BOARDMEMBERCRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS CARLOS AND LYNN GARCIA, CASE NUMBER 04-0006247 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTIONS 12-53. (a) AND (b) UNLICENSED MOTOR VEHICLE OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. MR. AND MRS. CARLOS AND LYNN GARCIA, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) A DAY WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, MR. AND MRS. CARLOS AND LYNN GARCIA, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. THE REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE ONE HUNDRED DOLLARS ($100.00) PER DAY BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY THE 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 FRAME 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 KREBS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 8 OF 21 VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PELLERIN : AYE CHAIRMAN PITTS: AYE BOARDMEMBERKREBS: AYE MOTION CARRIED. Chairman Pitts summarized, "Y Oil have the car out of that area and under cover somewhere, in a garage, as we interpret what the Captain [Tolleson] had to say, off the street within the ten (10) days." PUBLIC HEARINGS F. CASE #04-0006311 500 Evergreen Avenue Perry S. Firoz Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 24, 2004 Captain Tolleson stated, "It was originally cited on June the 30th of 2004 by Inspector Romero (Jose Romero, Code Enforcement Inspector, Police Department) and issued a Notice of Warning. Failed reinspection again on July the lih [2004] and again on August the 9th [2004]. Certified mail and Notice was sent and signed on August the 24th 2004. Property was also posted by Inspector Davidson on September the 11th 2004. We are asking for a 'Finding of Fact' and the 'Relief [Order]' of this matter. This is an ongoing problem. Understanding that it originally started April of '03." With discussion, Inspector Romero answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS PERRY S. FIROZ, CASE NUMBER 04-0006311 AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 1. MR. PERRY S. FIROZ WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 13-2. UNATTENDED GRASS AND WEEDS OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 2[, 2004 PAGE 9 OF 21 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE - [RESPONDENT'S] PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. PERRY S. FIROZ HAS VIOLATED SECTION 13.2. UNATTENDED GRASS AND WEED OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN PITTS: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS PERRY S. FIROZ, CASE [NUMBER] 04-0006311 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13.2. UNATTENDED GRASS AND WEEDS OF THE CITY CODE I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. MR. PERRY [S.] FIROZ, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF [ONE] HUNDRED DOLLARS [$100.00] WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,2004 PAGE 10 OF 21 FURTHERMORE, MR. PERRY [S.] FIROZ, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEA T VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, FOR A REPEAT VIOLATION, WILL BE [ONE] HUNDRED FIFTY DOLLARS ($150.00) 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 IN THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THIS BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: CHAIRMAN PITTS: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS G. CASE #04-0006317 81 North Edgemon Avenue Walter T. And Crystal A. Craven Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 24, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS H. CASE #04-0006400 630 Pearl Road Michael A. Mojer Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - August 24, 2004 This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 11 OF21 PUBLIC HEARINGS I. CASE #04-0006434 90 North Cortez Avenue Michael E. And Lea Amy Section 12-53. (a) (b) (Disabled Motor Vehicle) Tenant: Diane Hickman Date Of Service: Certified - August 24, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS J. CASE #04-0006468 870 Benchwood Drive Douglas Cook Section 13-2. (Stagnant Pool) Date Of Service: Certified - September 3, 2004 Captain Tolleson stated, "Was cited on July the 14th 2004 and issued a Notice of Warning. Failed reinspection on - [July] the 18th 2004. Certified mail and a Notice was sent. Property was posted on September the 11th 2004 by Inspector Davidson. Currently, it is not in Compliance as of yesterday, September 20, 2004. We are asking for a 'Finding of Fact' and appropriate 'Relief [Order]' in this matter." Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS DOUGLAS COOK, CASE NUMBER 04-0006468 AFTER HEARING THE SWORN TESTIMONY OF- THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING I FIND THAT THE CODE ENFORCEMENT OFFICER[S] HAS PROVEN THEIR CASE BASED ON THE FOLLOWING: 1. MR. DOUGLAS COOK WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 13-2. STAGNANT POOL OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THE HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE I20F2I 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLA TION WITHIN THE TIME PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. DOUGLAS COOK HAS VIOLATED SECTION 13.2. STAGNANT POOL OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. 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: BOARD MEMBER ROERO: AYE BOARD MEMBER PELLERIN : AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DOUGLAS COOK, CASE [NUMBER] 04-0006468 HAVING BEEN FOUND 'GUILTY' OF VIOLATION SECTION 13.2. ST AGNANT POOL OF THE CITY CODE I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. MR. DOUGLAS COOK, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF [ONE] HUNDRED FIFTY DOLLARS [$150.00] WILL BE IMPOSED PER DAY UNTIL THE COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, DOUGLAS COOK, 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 TWO HUNDRED DOLLARS ($200.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY THE CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 2 1,2004 PAGE 13 OF 21 I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COpy OF THIS ORDER IN THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THIS BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN : AYE MOTION CARRIED. Discussion. PUBLIC HEARINGS K. CASE #04-0006516 445 Lancers Drive Karen A. Peart Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 31,2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS L. CASE #04-0006554 171 North Bombay Avenue Steven J. And Cheryl S. Gray Section 20-431. And 20-432. (Commercial Vehicle - Staked Bed Truck) Tenant: Michael M. Sands Date Of Service: Certified - (Case Has Been Corrected) This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 14 OF 21 PUBLIC HEARINGS M. CASE #04-0006556 308 Birch Terrace Stephen Kovacs Section 12-53. (a) (b) (Disabled Motor Vehicle) Date Of Service: Certified - August 31, 2004 Captain Tolleson stated, "It was originally cited on July the 23rd 2004 and issued a Notice of Violation and Warning. Failed reinspection on July 315t [2004] and August 29th 2004. Certified mail and Notice was sent on September 10th [2004]. The property was posted on September the 11 th 2004 by Inspector Davidson. Currently, it is not in Compliance as of September the 20th 2004. We are asking for a 'Finding of Fact' and appropriate 'Relief [Order]' in this matter." Tape IISide B Inspector Davidson answered questions from the Members of the Code Enforcement Board. Mr. Stephen Kovacs, 308 Birch Terrace, Winter Springs, Florida: Mr. Kovacs commented on the disabled vehicles. Discussion. Board Member Paul Krebs asked, "When you say you continuously travel, are you - gone for two, three, four weeks at a time?" Mr. Kovacs stated, "Sometimes two (2) or three (3) months at a time." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS STEPHEN KOVACS, CASE NUMBER 04-0006556 AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. [STEPHEN] KOVACS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING I FIND THAT THE CODE ENFORCEMENT OFFICER[S] HAS PROVEN THEIR CASE BASED ON THE FOLLOWING: 1. MR. [STEPHEN] KOVACS WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT VIOLATED SECTION 12-53. [(a) AND (b) DISABLED MOTOR VEHICLE] OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,2004 PAGE 15 OF 21 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. [STEPHENJ KOVACS HAS VIOLATED SECTION 12-53. [(a) AND (b) DISABLED MOTOR VEHICLEJ OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' WILL BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER PELLERIN : AYE BOARD MEMBER CRENSHA W: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS STEPHEN KOVACS, CASE [NUMBERJ 04-0006556 HAVING BEEN FOUND 'GUILTY' OF VIOLATION SECTIONS 12-53. (a) AND (b) DISABLED MOTOR VEHICLE OF THE CITY CODE I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. MR. STEPHEN KOVACS, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS [$50.00J WILL BE IMPOSED PER DAY UNTIL THE COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, MR. STEPHEN KOVACS, 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 ONE HUNDRED DOLLARS ($100.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 16 OF 21 I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF - [THIS] ORDER IN THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME 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 KREBS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE (ON THE AMENDMENT): BOARD MEMBER PELLERIN : AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED): BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Mr. Kovacs asked, "Can I consult with the Code Enforcement Officer - if it is satisfactory; tomorrow at the Police Station?" Chairman Pitts stated, "Yes." Chairman Pitts called a Recess at 8:10 p,m. Chairman Pitts called the Meeting back to order at 8:21 p,m. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE I70F21 .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED, AS PREVIOUSLY DOCUMENTED. .:. .:. v. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS A. CASE #04-0005642 600 Old Sanford Oviedo Road Bartholmew D. Phillips Section 20-233. (Nonconforming Uses: Open Outdoor Storage And/Or Junkyards Are Prohibited Under "C-l" Zoning) Date Of Service: Certified - August 31, 2004 Captain Tolleson stated, "The Senior Planner for the City of Winter Springs, Eloise Sahlstrom, notified Mr. Phillips by a letter dated March 15th 2004 that he had thirty (30) days to bring both of his properties that we are going to be talking about tonight, into Compliance. That was sent Certified mail which I am entering into evidence. A copy of the returned receipt and the letter, which gave Mr. Phillips thirty (30) days to come into Compliance with 'C-l' Zoning. He failed reinspection on July the 9th [2004]." Certified mail - Notice was sent and signed for on September the 9th 2004 by C.P. Phillips which would be, I am assuming, Cynthia Phillips, who is also the registered owner. Furthermore, Captain Tolleson stated, "Currently, it is not in Compliance as of September 21st 2004. We are asking for a 'Finding of Fact' and 'Relief [Order]' from this matter." Captain Tolleson presented the Zoning issues for this property. Deputy City Clerk Franklin swore in Ms. Sahlstrom who may be providing testimony during the presentation of tonight's cases. Tape 2/Side A With discussion, Captain Tolleson entered a letter that Ms. Sahlstrom received from Florida Power into evidence. In addition, Captain Tolleson read into the record a letter from Mr. Phillips' Attorney, Janet M. Courtney from the Law Firm of Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: Mr. Phillips commented on the zoning for his property. Discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 18 OF 21 Mr. Phillips stated, "According to the 'Letter of the Law', 600 Old Sanford Oviedo, Winter Springs, Florida 32708 is a legal use. This is what people told me." Mr. Phillips also stated, "They just told me 'Letter of the Law'." Captain Tolleson stated, "I agree with you. That is correct and I will go on record saying that." Discussion. In addition, Mr. Phillips stated, "The second pictures has part of the CSX property released from CSX. And that property where we have our rolloffs on the left hand side next to the rail line, that is an active siting and we load to ship to other states. Now, that is governed by Supreme Court. Actually, it all went up to there - CSX allowed to use it for that and so are we. Chairman Pitts stated, "Some of the things you are discussing are 'Zoning' issues as far as 'Variances' and 'Zoning and Planning' - which have nothing to do with this Board. Our purpose is if in fact you agree that the property that is the discussion right now is 'C-l ' and it is not zoned for what you are using it for then you are in Violation. I think that is 'Cut and Dry'." Mr. Phillips stated, "It is 'Cut and Dry' other than the 'Notification' is not correct. Because it has my business address." Chairman Pitts stated, "That is a technicality." Mr. Phillips stated, "I know, but that is by the 'Letter of Law'. I know, believe me this is what the Lawyers told me to say. I shouldn't have even gone this far." Captain Tolleson stated, "It was properly addressed in the 'Notification'." Discussion. With discussion, Inspector Romero answered questions from the Members of the Code Enforcement Board. Furthermore, Inspector Romero stated, "I met with Mr. Phillips at his yard at 600 Old Sanford Oviedo Road. I spoke with him. I explained to him the situation that was going down. I handed him a copy; his copy." Captain Tolleson asked, "Explained to him where the problem was at what location?" Inspector Romero stated, "On Wade [Street] and [State Road] 419." Captain Tolleson asked, "Did you make that clear to Mr. Phillips?" Inspector Romero stated, "Yes." Discussion. Ms. Sahlstrom presented additional 'Zoning' information. Discussion. Tape 2/Side B FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS BARTHOLMEW [D.] PHILLIPS, CASE NUMBER 04-0005642 AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. [BARTHOLMEW D.] PHILLIPS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING I FIND THAT THE CODE ENFORCEMENT OFFICER[S] HAS PROVEN HIS/HER CASE BASED ON THE FOLLOWING: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21,2004 PAGE 190F21 1. MR. [BARTHOLMEW D.] PHILLIPS WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT VIOLATION OF SECTION 20-233. [NONCONFORMING USES: OPEN OUTDOOR STORAGE AND/OR JUNKYARDS ARE PROHIBITED UNDER "C-l" ZONING] OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME FRAME PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THE BOARD FIND [THAT] MR. [BARTHOLMEW D.] PHILLIPS HAS VIOLATED SECTION 20-233. [NONCONFORMING USES: OPEN OUTDOOR STORAGE AND/OR JUNKY ARDS ARE PROHIBITED UNDER "C-l" ZONING] OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' WILL BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER PELLERIN : AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMER KREBS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 20 OF 21 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS BARTHOLMEW D. PHILLIPS, CASE [NUMBER] 04-0005642 HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTION 20-233. [NONCONFORMING USES: OPEN OUTDOOR STORAGE AND/OR JUNKYARDS ARE PROHIBITED UNDER "C-l" ZONING] OF THE CITY CODE I MOVE THAT THE RESPONDENT BE GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. MR. BARTHOLMEW [D. PHILLIPS], IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED DOLLARS [$200.00] PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, MR. BARTHOLMEW [D. PHILLIPS], ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT AN OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION, WILL BE FIVE HUNDRED DOLLARS ($500.00) 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 IN THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME 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 IMMEDIATEL Y." MOTION BY CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 21, 2004 PAGE 21 OF21 VI. FUTURE AGENDA ITEMS None. VII. REPORTS No Reports were given. VIII. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at approximately 9:41 p.m. RESPECTFULL~ ~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the October 19 . 2004 Code Enforcement Board Regular Meeting.