Loading...
HomeMy WebLinkAbout2005 01 18 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 18,2005 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order on Tuesday, January 18, 2005 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, present Board Member Dick Crenshaw, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Greg Roero, arrived at 7:04 p.m. Board Member Jim Wentz, present Chairman Pitts led the Pledge of Allegiance. .:..:.AGENDA NOTE: THE FOLLOWING WAS DISCUSSED, FOLLOWED BY THE REST OF THE AGENDA..:..:. "I WOULD START OFF BY NOMINATING [VICE CHAIRMAN] MATHEW MATISAK AS THE VICE CHAIRMAN." MOTION BY CHAIRMAN PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN MA TISAK: AYE BOARDMEMBERCRENSHAW: AYE MOTION CARRIED. "I NOMINATE [CHAIRMAN] JIM PITTS FOR CHAIRMAN." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2005 PAGE 2 OF 20 VOTE: BOARD MEMBER PELLERIN : AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERCRENSHAW: AYE VICE CHAIRMAN MATISAK: AYE MOTION CARRIED. 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 under the new format, would be [Agenda Items] 402.1, [402].2, [402].3, [402].4, and [402].8." Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. PUBLIC INPUT None. CONSENT AGENDA CONSENT 200. Office Of The City Clerk A. Approval Of The November 16, 2004 Regular Meeting Minutes. Chairman Pitts stated, "We need approval for the November 16th, [2004] Regular Meeting Minutes." "SO MOVED." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: VICE CHAIRMAN MATISAK: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 3 OF 20 PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 400. Code Enforcement Department This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 401. Code Enforcement Department This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 402.1 Code Enforcement Department CASE #04-0006986 606 Alton Road Hazel A. Crawford Trustee Section 20-431. And 20-432. (Commercial Vehicle) Tenant: Paul C. Weaver Date Of Service: Certified - Proof Of Delivery December 31,2004 Inspector - Cathy Davidson Captain Tolleson stated, "Cited on October 11, 2004 and issued a Notice of Violation of Warning. Failed reinspection on October 27, 2004. Certified mail and Notice was sent out on October 29th, [2004] and signed for on October 30th, [2004]. Currently, it is still not in Compliance as of January 18th, [2005]. We are asking for a Finding of Fact - and Relief in this Case." Board Member Greg Roero arrived at 7:04 p.m. With discussion, Ms. Cathy Davidson, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. n . 1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2005 PAGE 4 OF 20 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS HAZEL A. CRAWFORD [TRUSTEE] [AND] TENANT: PAUL C. WEA VER, CASE NUMBER 04-0006986. 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. HAZEL A. CRAWFORD, TRUSTEE [AND] TENANT: PAUL C. WEAVER WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2- 59. OF THE CITY CODE THAT A VIOLATION OF SECTION(S) 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 162.12 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 HAZEL A. CRAWFORD, TRUSTEE [AND] PAUL C. WEA VER- TENANT HAVE VIOLATED SECTIONS 20-431. AND SECTION 20-432. COMMERCIAL VEHICLE OF THE CITY CODE AND A JUDGMENT OF 'GUlL TY' 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 VICE CHAlRAMN MATISAK. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2005 PAGE 5 OF 20 VOTE: BOARDMEMBERCRENSHAW: 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. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS HAZEL A. CRAWFORD TRUSTEE AND TENANT: PAUL C. WEAVER, CASE NUMBER 04-0006986, HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTIONS 20-431. AND 20-432. COMMERCIAL VEHICLE OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. HAZEL A. CRAWFORD TRUSTEE AND PAUL C. WEAVER-TENANT, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, HAZEL A. CRAWFORD TRUSTEE AND PAUL C. WEAVER-TENANT, 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. A 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. 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 VICE CHAIRMAN MA TISAK. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 6 OF 20 VOTE: BOARD MEMBER WENTZ: AYE BOARDMEMBERCRENSHAW: 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 - NEW CASES 402.2 Code Enforcement Department CASE #04-0007006 1309 Deer Run Beatrice Wise Life Est. Robert Wise Jr. And Ivory Wise Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Mailed On December 23, 2004 Inspector - Jose Romero Captain Tolleson stated, "Was originally cited on October 13th, [2004] and issued a Notice of Violation Warning. The property failed reinspection on October 11th, [2004]. This property is vacant. The homeowners reside in New Jersey. Certified [mail] Notice was sent and signed for on December 28th, [2005] by Mrs. Wise. They are currently not in Compliance. We are asking for a Finding of Fact and Relief. With discussion, Mr. Jose Romero, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS BEATRICE WISE LIFE ESTATE ALSO ROBERT WISE JR. AND IVORY WISE, CASE NUMBER 04-0007006. 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 THEIR CASE BASED ON THE FOLLOWING: 1. MS. BEATRICE WISE LIFE ESTATE PLUS ROBERT WISE JR. AND IVORY WISE, 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)B) UNLICENSED MOTOR VEHICLE OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2005 PAGE 7 OF 20 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 BEATRICE WISE LIFE ESTATE PLUS ROBERT WISE JR. AND IVORY WISE, HAVE VIOLATED SECTIONS 12-53. (A) (B) UNLICENSED MOTOR VEHICLE 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. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN PITTS: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS BEATRICE WISE LIFE ESTATE [AND] ROBERT WISE JR. AND IVORY WISE, CASE NUMBER 04-0007006, HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTIONS 12-53. (A)(B) UNLICENSED MOTOR VEHICLE OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2005 PAGE 8 OF 20 THE RESPONDENTS BEATRICE WISE LIFE ESTATE [AND] ROBERT WISE JR. AND IVORY WISE, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, BEATRICE WISE LIFE EST A TE [AND] ROBERT WISE JR. AND IVORY WISE, 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. 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 CRENSHAW. SECONDED BY VICE CHAIRMAN MA TISAK. DISCUSSION. BOARD MEMBER CRENSAW STATED FOR THE RECORD THAT THE RESPONDENT'S WERE NOT PRESENT FOR THE HEARING. VOTE: CHAIRMAN PITTS: AYE VICE CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 9 OF 20 PUBLIC HEARINGS - NEW CASES 402.3 Code Enforcement Department CASE #04-0007007 1309 Deer Run Beatrice Wise Life Est. Robert Wise Jr. And Ivory Wise Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Mailed On December 23, 2004 Inspector - Jose Romero Captain Tolleson stated, "Cited October 11 th, [2004] and issued a Notice its reinspection on October 13t\ 2004. The property is vacant. Certified [mail] Notice was sent and signed for on December 28th, 2004. Currently it is not in Compliance. We are asking for a Finding of Fact and Relief in this Case." With discussion, Inspector Jose Romero answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS BEATRICE WISE LIFE ESTATE AND ROBERT WISE JR. AND IVORY WISE, CASE NUMBER 04-0007007. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND AFTER REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 1. BEATRICE WISE LIFE ESTATE [AND] ROBERT WISE JR. AND IVORY WISE, WERE 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 WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. CITY OF WINTER SPRINGS, FLORIDA MINUTES . CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 10 OF 20 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THE BOARD FIND THAT BEATRICE WISE LIFE EST A TE [AND] ROBERT WISE JR. AND IVORY WISE, HAVE VIOLATED SECTION 6-195. FENCE IN DISREPAIR 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 WENTZ. SECONDED BY BOARD MEMBER CRENSHA W. DISCUSSION. VOTE: VICE CHAIRMAN MATISAK: AYE BOARDMEMBERROERO: AYE BOARD MEMBER PELLERIN: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS BEATRICE WISE LIFE ESTATE [AND] ROBERT WISE JR. AND IVORY WISE, CASE NUMBER 04-0007007, HAVING [BEEN] FOUND 'GUILTY' OF VIOLATING SECTION 6-195. FENCE IN DISREPAIR OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. THE RESPONDENTS BEATRICE WISE LIFE ESTATE [AND] ROBERT WISE JR. AND IVORY WISE, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) - WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, BEATRICE WISE LIFE ESTATE [AND] ROBERT WISE JR. AND IVORY WISE, 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, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2005 PAGE II OF 20 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 PELLERIN. SECONDED BY VICE CHAIRMAN MATISAK. DISCUSSION. "MOTION TO AMEND DAYS OF NOTIFICATION FROM TEN (10) TO SEVEN (7) NOTIFICATION." AMENDMENT TO THE MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN MATISAK: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER PELLERIN : AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) BOARD MEMBER PELLERIN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRMAN MA TISAK: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 402.4 Code Enforcement Department CASE #04-0007008 1309 Deer Run Beatrice Wise Life Est. Robert Wise Jr. And Ivory Wise Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Mailed On December 23, 2004 Inspector - Jose Romero Captain Tolleson stated, "Cited on October 13th, [2004]. It was reinspected on the 22nd [October 2004] and again failed. Certified [mail] Notice was signed for - on October 28th, [2004]. They are currently not in Compliance. We are asking for a Finding of Fact. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 12 OF 20 Furthermore, after a Notice of safety issues was not responded to by the Owners, Captain Tolleson said, "The City went out, cut down the trees - the best we could." In addition, Captain Tolleson stated, "There is a substantial cost out to the City and I do not have that number." With discussion, Inspector Jose Romero answered questions from the Members of the Code Enforcement Board. Vice Chairman Mathew Matisak stated, "I would recommend that we have a Motion to continue this Case." Tape l/Side B "THE CITY OF WINTER SPRINGS VERSUS BEATRICE WISE LIFE ESTATE AND ROBERT WISE JR. AND IVORY WISE, CASE NUMBER 04-0007008. I MOVE THAT THIS CASE BE CONTINUED TO THE NEXT REGULAR SCHEDULED MEETING OF THE CODE ENFORCEMENT BOARD AS THE EVIDENCE AND TESTIMONY PRESENTED WAS INSUFFICIENT TO ALLOW THE BOARD TO RENDER A JUST AND FAIR RULING." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN MATISAK: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WENTZ: AYE CHAIRMAN PITTS: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. "THE RESPONDENTS WERE NOT PRESENT. LET THE RECORD SHOW THAT RESPONDENTS BEATRICE WISE LIFE ESTATE [AND] ROBERT WISE JR. AND IVORY WISE ARE NOT PRESENT AT THIS PROCEEDING AND THEREFORE HAVE NOT WAIVED THEIR RIGHT TO FORMAL NOTIFICATION. THEREFORE, I ALSO MOVE THAT THE [CODE ENFORCEMENT] BOARD ORDER THE CODE ENFORCEMENT OFFICER TO NOTIFY THE RESPONDENTS OF THE CONTINUED CASE AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. - - ------, CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 13 OF 20 VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN MATISAK: AYE BOARDMEMBERCRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 402.5 Code Enforcement Department CASE #04-0007015 202 Sweetgum Court Gossie And Mildred Freeze Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Mailed On December 23, 2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.6 Code Enforcement Department CASE #04-0007026 229 Oak Road Eileen M. May Section 12-53. (a) (b) (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified - Proof of Delivery January 3, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.7 Code Enforcement Department CASE #04-0007114 1120 Winter Springs Boulevard Janice S. Harvey Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Proof Of Delivery December 24, 2004 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2005 PAGE 14 OF 20 PUBLIC HEARINGS - NEW CASES 402.8 Code Enforcement Department CASE #04-0007140 213 Birth Terrace Colleen Hatfield Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Refused On January 10,2005 Inspector - Jose Romero Captain Tolleson stated, "Originally cited on the 11th of October [2004] and issued a Notice of Warning and failed [reinspection] on October 2ih, 2004 and again on November 6th, 2004. Certified mail was sent and refused on January 10th, 2004. Property was posted on January 8th, [2005]. It is currently not in Compliance as of January 18th 2005. We are asking for Finding of Fact and Relief. With discussion, Inspector Jose Romero answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS COLLEEN HATFIELD, CASE NUMBER 04-0007140. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND [AFTER] REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS/HER CASE BASED ON THE FOLLOWING: 1. COLLEEN HATFIELD, WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2- 59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 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 162.12 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 15 OF 20 5. THE VIOLATION CONTINUES TO EXIST UPON THE [RESPONDENT'S] PROPERTY. THEREFORE, I MOVE THAT THE BOARD FIND THAT COLLEEN HATFIELD, HAS VIOLATED SECTION 20-431. AND 20-432. COMMERCIAL VEHICLE OF THE CITY CODE AND A JUDGMENT OF 'GUlL TY' 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 KREBS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: 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. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS COLLEEN HATFIELD, CASE NUMBER 04-0007140, HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTIONS 20431. AND 20-432. COMMERCIAL VEHICLE OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. COLLEEN HATFIELD, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, COLLEEN HATFIELD, 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, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 16 OF 20 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 WENT. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE. VICE CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 402.9 Code Enforcement Department CASE #04-0007143 Trina Lane And Mosswood Circle Mosswood Apartments Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Tenant: Alonzo H. Alvavo Date Of Service: Certified - Mailed On December 23, 2004 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.10 Code Enforcement Department CASE #04-0007240 74 South Devon Avenue Robert A. Mott Section 6-46. (No Building Permit For Root) Tenant: Ada Assam Date Of Service: Certified - Mailed To The Correct Address On January 6, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUAR Y 18, 2005 PAGE 170F20 PUBLIC HEARINGS - NEW CASES 402.11 Code Enforcement Department CASE #04-0007246 721 Sailfish Road Lynn Harrison Trustee FBO Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Tenant: Adelle LaBrake Date Of Service: Certified - Mailed On December 23, 2004 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.12 Code Enforcement Department CASE #04-0007268 1309 Deer Run Beatrice Wise Life Est. Robert Wise Jr. And Ivory Wise Section 13-2. (Stagnant Pool) Date Of Service: Certified - Mailed On December 23, 2004 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.13 Code Enforcement Department CASE #04-0007316 106 Holiday Lane Winifred K. Gordon Trustee FBO Winifred K. Gordon Section 6-186. (No Building Permit For Fence) Tenant: Kathleen Worley Date Of Service: Certified - No Proof (Out Of Country) Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUAR Y 18, 2005 PAGE 18 OF 20 PUBLIC HEARINGS - NEW CASES 402.14 Code Enforcement Department CASE #04-0007322 504 David Street Merna L CAva Section 6-46. (No Building Permit For Root) Date Of Service: Certified - Received Proof Of Delivery Of January 4, 2005 Inspector- Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.15 Code Enforcement Department CASE #04-0007337 725 Galloway Court Garnik And Patricia Khachikian Section 6-195. (Fence In Disrepair) Date Of Service: Certified - No Proof Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.16 Code Enforcement Department CASE #04-0007353 673 Murphy Road Carol A. Ragan Section 6-195. (Fence In Disrepair) Tenant: Terry Cox Date Of Service: Certified - Proof Of Delivery January 3, 2005 Inspector- Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 19 OF 20 PUBLIC HEARINGS - NEW CASES 402.17 Code Enforcement Department CASE #04-0007370 13 Elkwood Court Elsworth Corum III Section 6-195. (Fence In Disrepair) Tenant: Elaine Gazaway Date Of Service: Certified - No Proof Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.18 Code Enforcement Department CASE #04-0007439 60 Sable Court Jerome C. And Beth C. Holland Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery January 10,2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. 600. REPORTS Due to scheduling conflicts, Captain Tolleson stated, "The next month's Meeting will be on the 22nd [February 2005]." There were no objections from the Board Members. Chairman Pitts stated, "I commend our Officers on the job they are doing for the City. They make our job up here a lot easier because they do a thorough job." FUTURE AGENDA ITEMS None. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at approximately 7:57 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18,2005 PAGE 20 OF 20 RESPECTFULLY SUBMITTED BY. ~~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the February 22 2005 Code Enforcement Board Regular Meeting.