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Home My WebLink About2004 11 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 16, 2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order on Tuesday, November 16,2004 at 7:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Chairman Pitts led the Pledge of Allegiance. Roll Call: Chairman James B. Pitts, present Vice Chairman Mathew Matisak, present Board Member Dick Crenshaw, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Greg Roero, present Board Member Jim Wentz, present Chairman Pitts inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes, sir we do. Tonight we will be hearing 'G' Case Number '040006928' only." 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 October 19, 2004 Regular Meeting Minutes. Chairman Pitts stated, "Can I have a Motion for approval of the Minutes of the previous Meeting, the October 19th [2004] Meeting?" "SO MOVED." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16,2004 PAGE20F8 VOTE: BOARD MEMBER WENTZ: NAY BOARD MEMBER PELLERIN : AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN MA TISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. III. PUBLIC HEARING AGENDA - CONTINUED CASES PUBLIC HEARINGS A. CASE #04-0006770 225 Stoner Road Rodger L. And Debra L. Marjama Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - October 29, 2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. IV. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS None. V. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS A. CASE #03-0004390 870 Benchwood Drive Douglas Cook Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - October 26, 2004 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16,2004 PAGE 3 OF 8 PUBLIC HEARINGS B. CASE #04-0006784 25 North Bombay Avenue Rodger B. And Carol E. Patenaude Section 20-431. And 20-432. (Commercial Vehicle) Tenant: Francis Munoz Date Of Service: Certified - October 29, 2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS C. CASE #04-0006786 214 South Moss Road Theresa M. Mandigo Section 6-195. (Fence In Disrepair) Date Of Service: Certified - October 29, 2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS D. CASE #04-0006820 221 3rd Street North Household Finance Corp. III Section 13-2. (c) (Untended Grass And Weeds) Date Of Service: Certified - Received Proof Of Delivery On November 2,2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS E. CASE #04-0006891 46 North Fairfax Avenue Orlando And Haydee Alcantara And Carlos Alcantara Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Received Proof Of Delivery On November 2,2004 Inspector - Jose Romero . This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16,2004 PAGE 4 OF 8 PUBLIC HEARINGS F. CASE #04-0006918 214 South Moss Road Theresa M. Mandigo Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - October 26, 2004 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS G. CASE #04-0006928 765 South Edgemon Avenue Theresa Nicosia Trustee FBO Theresa A. Nicosia Section 13-2. (Unsightly Matter - Trash, Junk And Debris) Date Of Service: Certified - November 4, 2004 Inspector - Cathy Davidson Regarding an additional Violation to this Case, Captain Tolleson stated, "Also, Section 6- 195. Fence and Disrepair." Furthermore, Captain Tolleson stated, "Date of Service was November 4th 2004. Certified mail was sent out - signed and returned back to us on November the 5th 2004." Discussion. Chairman Pitts called a Recess at 7: 1 0 p. m. Chairman Pitts reconvened the Meeting at 7:16 p.m. Discussion. With discussion, Ms. Cathy Davidson, Code Enforcement Inspector, Police Department, answered questions from the Members ofthe Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS [MS.] THERESA NICOSIA TRUSTEE FBO, THERESA A. NICOSIA, CASE NUMBER 04-0006928. 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] HA[VE] PROVEN THEIR CASE BASED ON THE FOLLOWING: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16,2004 PAGE50F8 1. [MS.] THERESA NICOSIA TRUSTEE FBO, THERESA A. NICOSIA 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. UNSIGHTL Y MATTER, TRASH, JUNK AND DEBRIS AND 6-195. MAINTENANCE OF FENCES AND WALLS 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 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 MS. THERESA NICOSIA TRUSTEE FBO, THERESA A. NICOSIA HAS VIOLATED SECTIONS 13-2. UNSIGHTLY MATTER, TRASH, JUNK AND DEBRIS AND - [6-195. MAINTENANCE OF FENCES AND WALLS] OF THE CITY CODE AND A JUDGMENT OF "GUILTY" 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 ROERO. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. "I MAKE A MOTION TO AMEND IT TO - 'OF THE CITY CODE - EXISTED'." AMENDMENT TO THE MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN MA TISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16,2004 PAGE60F8 VOTE: (ON THE MAIN MOTION, AS AMENDED) VICE CHAIRMAN MA TISAK: AYE BOARD MEMBER ROERO: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS [MS.] THERESA NICOSIA TRUSTEE F - [BO], THERESA A. NICOSIA, CASE NUMBER 04-0006928 HAVING BEEN FOUND "GUILTY" OF VIOLATING SECTIONS 13-2. UNSIGHTLY MATTER, TRASH, JUNK AND DEBRIS AND SECTION 6-195. - [MAINTENANCE OF FENCES AND WALLS] [OF THE CITY CODE], I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. [MS.] THERESA NICOSIA TRUSTEE FBO, THERESA A. NICOSIA, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, [MS.] THERESA NICOSIA TRUSTEE FBO, THERESA A. NICOSIA, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSIT ATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. A FINE FOR A REPEAT VIOLATION WILL BE THREE HUNDRED DOLLARS ($300.00) 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 KREBS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 2004 PAGE 7 OF 8 "I MOVE THAT WE AMEND IT TO FIVE (5) DAYS - TWO HUNDRED AND FIFTY DOLLAR ($250.00) FINE FOR THE MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) FOR A REPEAT VIOLATION." AMENDMENT TO THE MOTION BY VICE CHAIRMAN MA TISAK. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO AMEND MY MOTION TO CHANGE IT FROM FOURTEEN (14) DAYS TO TEN (10) DAYS." AMENDMENT TO THE MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WENTZ: AYE VICE CHAIRMAN MA TISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION AS AMENDED) BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS H. CASE #04-0006975 210 Wade Street Rosedo And Rosa M. Majano Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - October 29, 2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16,2004 PAGE80F8 PUBLIC HEARINGS I. CASE #04-0007054 975 Turkey Hollow Circle Rodney And Natalie Glisan Section 20-411. And 20-431. (Trailer And RV) Date Of Service: Certified - October 29, 2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. VI. FUTURE AGENDA ITEMS VII. REPORTS Captain Tolleson stated, "We probably will not have a Meeting [December 2004] and I will try to let everyone know as soon as possible." Tape I1Side B Chairman Pitts wished everyone a Happy Thanksgiving, Christmas, and New Year. VIII. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at approximately 7:55 p.m. RESPECTFU~LY ffBMITTED BY: ,~~~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the January 18 . 2005 Code Enforcement Board Regular Meeting.