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HomeMy WebLinkAbout2004 10 19 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 19,2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order on Tuesday, October 19, 2004 at 7:00 p.m., 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 Mathew Matisak, absent Board Member Dick Crenshaw, present Board Member Paul Krebs, absent 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. Tonight we will be hearing Case 'B', 045060, 51 South Fairfax Avenue; Case 'D', 046590, 870 Benchwood Drive; and 'H'. 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 September 21,2004 Regular Meeting Minutes. Chairman Pitts stated, "Can I have a Motion for approval of the Minutes that you received ahead of time for the September 21 st [2004] Meeting?" "SO MOVED." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. CITY OF WINTER SPRINGS M[NUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19,2004 PAGE 2 OF [0 VOTE: BOARD MEMBER PELLERIN : AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. III. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS A. 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 - October 5, 2004 This Agenda Item was not brought to the Hearing. III. PUBLIC HEARINGS AGENDA - REPEAT CASES None. IV. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS A. CASE #04-0004765 209-A Perth Court George M. And Virginia Strodel Section 12-53. (a) (b) (Disabled And Unlicensed Motor Vehicle) Tenant: Chris Rieman Date Of Service: Certified - October 8, 2004 This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19,2004 PAGE 3 OF 10 PUBLIC HEARINGS B. CASE #04-0005060 51 South Fairfax Avenue Floyd A. And Brenda J. Riley Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - September 30, 2004 Captain Tolleson stated, "Was cited on August 31 st of '04 and issued a Warning Notice of Violation. Failed reinspection on Septemberl5, 2004. The property has been in violation six (6) times previous to August of '04 and brought in for Compliance before the Board Hearing each time. Certified Mail and Notice was sent on September 30, 2004 and signed for on October the 1st [2004]. It currently is again in Compliance as of today and we are asking for a 'Finding of Fact' only in this Case." Mr. Floyd A. Riley, 51 South Fairfax Avenue, Winter Springs, Florida: commented that the truck's sign is not visible from the street. Discussion. With discussion, Ms. Cathy Davidson, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS FLOYD [A.] AND BRENDA [J.J RILEY, CASE NUMBER 04-0005060. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER [CAPTAIN GLENN TOLLESON] - MR. [FLOYD J.] RILEY 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. AND MRS. FLOYD [A.] AND BRENDA J. RILEY WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 20-43[lJ. AND 20-432. COMMERCIAL 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 THE HEARING. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19, 2004 PAGE 4 OF 10 3. A VIOLATION OF THE CODE EXISTED ON THE PROPERTY - BUT HAS SINCE BEEN CORRECTED. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THE BOARD FIND THAT MR. AND MRS. [FLOYD A. AND BRENDA] J. RILEY HAS VIOLATED SECTION 20-43[1]. AND 20-432. COMMERCIAL VEHICLE AND A JUDGMENT OF "GUILTY" BE ORDERED FOR THE RECORD, AND THAT THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENT IS HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS OF SECTION 20-431., 20-432. COMMERCIAL VEHICLE OF THE CITY CODE WILL BE CONSIDERED A REPEAT VIOLATION. IF A REPEAT VIOLATION IS FOUND TO EXIST, A FINE WILL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST. AS 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 ROERO. SECONDED. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS C. CASE #04-0006565 35 Jackson Circle Vincent J. And Lois A. Garofolo Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - October 4, 2004 This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19,2004 PAGE 5 OF 10 PUBLIC HEARINGS D. CASE #04-0006590 870 Benchwood Drive Douglas Cook Section 6-195. (Fence In Disrepair) Date Of Service: Certified - October 4, 2004 Captain Tolleson stated, "Cited on September 11 th of '04 and issued a Notice of Violation Warning. Failed reinspection on September 28th of '04. Certified Mail was sent and the property was posted on October 9th of 2004 by Inspector Davidson. It is currently not in Compliance as of today. We are asking for a 'Finding of Fact' and 'Relief [Order]'." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS DOUGLAS COOK, CASE NUMBER [04]0006590. 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. 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 6-195. [FENCE IN DISREPAIR] 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 THIS HEARING. 3. THE RESPONDENT W AS 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. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19, 2004 PAGE 6 OF 10 THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. DOUGLAS COOK HAS VIOLATED SECTION 6-195. [FENCE IN DISREPAIR] OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THA T AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DOUGLAS COOK, CASE [NUMBER] 04-0006590 HAVING BEEN FOUND 'GUILTY' OF VIOLATION SECTION 6-95. FENCE IN DISREPAIR 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 - FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS [$50.00] - 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 REPEA T VIOLA TION WILL NECESSIT A TE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE TWO HUNDRED FIFTY DOLLARS ($250.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEA T 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 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. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19,2004 PAGE 7 OF 10 VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS E. CASE #04-0006623 108 Stone Gable Circle Larry And Charnmia Bonner Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - October 4, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS F. CASE #04-0006644 514 Lombardy Road Linda Haines Section 12-53. (a) (b) (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified - September 30, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS G. CASE #04-0006770 225 Stoner Road Rodger L. And Debra L. Marjama Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - N/A This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19,2004 PAGE 8 OF 10 PUBLIC HEARINGS H. CASE #04-0006862 2l0-A Perth Court Peter And Mary E. Schween Co Trs Section 20-431. And 20-432. (Commercial Vehicle) Tenant: Paula Furno Date Of Service: Certified - October 2, 2004 Captain Tolleson stated, "Was cited on September 20th of 2004 and issued a Warning Notice of Violation. Failed the reinspection on September 29th [2004] and came into Compliance on October 1 st of 2004. Certified Mail was sent and Noticed on September 30th [2004]. Signed for on October 1 st [2004] by Mr. Schween." Furthermore, Captain Tolleson stated, "They are currently in Compliance and we are asking for a 'Finding of Fact'." Mr. Peter Schween, 681 Piclifair Terrace, Lake Mary, Florida: commented on not being aware of the City Code for a commercial vehicle. Mr. Kevin Michael Furno, 210-A Perth Court, Winter Springs, Florida: commented that he was not aware of the City Code for a commercial vehicle. Ms. Mary E. Schween, 681 Piclifair Terrace, Lake Mary, Florida: commented that she supplied magnetic signs for the tenant's commercial vehicle. With discussion, Inspector Cathy Davidson answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS PETER AND MARY [E.) SCHWEEN CASE NUMBER 04-0006862. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. AND MRS. SCHWEEN AND THEIR TENANT 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. MR. AND MRS. SCHWEEN WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 20-431. [AND 20-432. COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.[1]2 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19, 2004 PAGE 9 OF 10 3. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY, BUT HAS SINCE BEEN CORRECTED. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THE BOARD FIND THAT MR. AND MRS. - [SCHWEEN] HAS VIOLATED SECTION 20-431. OF THE CITY CODE [AND 20- 432. COMMERCIAL VEHICLE] AND A JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD, AND THAT THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENT IS HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS OF SECTION 20-431. [AND 20-432. COMMERCIAL VEHICLE] OF THE CITY CODE WILL BE CONSIDERED A REPEAT VIOLATION. IF A REPEAT VIOLATION IS FOUND TO EXIST, A FINE WILL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST. AS THE RESPONDENT IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THE BOARD, I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PELLERIN : AYE CHAIRMAN PITTS: AYE MOTION CARRIED. Discussion. Tape I/Side B Chairman Pitts stated, "The Code Enforcement officers have gone above and beyond their duty and responsibility to try and help people. I would like to make one comment. It is refreshing; it is difficult to sit up on this Board here in front of these cases and it is refreshing to have homeowners such as yourselves that are so conscientious and trying to do the right thing. And, we, and the City sincerely appreciate that." Discussion. In addition, Chairman Pitts stated, "We are very, very pleased and fortunate to have these three individuals, our Code Enforcement Police Force, because they do a marvelous job and they are certainly trying to do the best for the citizens." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 19, 2004 PAGE 10 OF 10 PUBLIC HEARINGS I. CASE #04-0006888 11 North Devon Avenue James S. And Annette R. Wade Section 20-411. And 20-431. (RV) Date Of Service: Certified - October 4, 2004 This Agenda Item was not brought to the Hearing. VI. FUTURE AGENDA ITEMS This was not discussed. VII. REPORTS No reports. VIII. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at approximately 7:53 p.m. RESPECTFULLY SUBMITTED BY: JilUu. ~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the November 16 . 2004 Code Enforcement Board Regular Meeting.