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HomeMy WebLinkAbout2005 05 17 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 17,2005 CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to Order on Tuesday, May 17, 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 :29 p.m. Board Member Jim Wentz, present Chairman Pitts led the Pledge of Allegiance. Next, Chairman Pitts inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes, Sir. Tonight, we will be hearing [Case] 400.1, 402.1, and 402.3, 402.6, 402.7, 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 Ms. Mary Leathers, 346 San Miguel Court, Winter Springs, Florida: commented on the fence behind the Badcock Plaza. Ms. Stephanie Musser, 356 San Miguel Court, Winter Springs, Florida: commented on Agenda Item "400.1". CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 17,2005 PAGE20F 18 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The April 19, 2005 Regular Meeting Minutes. Chairman Pitts stated, "Could I have somebody - make a Motion to approve the Regular Minutes of the last Meeting?" "SO MOVED." MOTIONED BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER KREBS. 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. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 400.1 Code Enforcement Department CASE #03-0002330 Behind Badcock Plaza Aggarwal Pension Trust Fund Sections 6-195., 20-231., And 20-239. (Ordinance 2000-07) Fence In Disrepair, Neighborhood Commercial Districts And Wall Buffers Between Commercial And Residential Development Date Of Service: Certified - Received Proof Of Delivery April 29, 2005 Inspector - Glenn Tolleson With discussion, Captain Tolleson stated, "Was Cited on February 2, 2005 and issued a Notice of Violation Warning. This property has been in and out of Violation several times since 1999 for the fence. Certified Notice was sent and signed for on April 29, 2005." Captain Tolleson added, "We are asking for Finding of Fact." Vice Chairman Mathew Matisak stated, "Are they [Respondent] In Compliance?" Captain Tolleson stated, "No." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 3 OF 18 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS THE AGGARWAL PENSION TRUST FUND, CASE NUMBER 03-0002330. 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. AGGARWAL PENSION TRUST FUND WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 6-195., 20-231., AND 20-239. ORDINANCE 2000-07 [(FENCE IN DISREPAIR, NEIGHBORHOOD COMMERCIAL DISTRICTS AND WALL BUFFERS BETWEEN COMMERCIAL AND RESIDENTIAL DEVELOPMENT)] 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 THIS BOARD FIND THAT AGGARWAL PENSION TRUST FUND HAS VIOLATED SECTIONS 6-195.,20-231., AND 20- 239. ORDINANCE 2000-07 [(FENCE IN DISREPAIR, NEIGHBORHOOD COMMERCIAL DISTRICTS AND WALL BUFFERS BETWEEN COMMERCIAL AND RESIDENTIAL DEVELOPMENT)] 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 VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 4 OF 18 VOTE: BOARD MEMBER PELLERIN : AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN MATISAK: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS AGGARWAL PENSION TRUST FUND, CASE NUMBER 03-0002330 HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTIONS 6-195., 20-231., AND 20-239. OF ORDINANCE 2000-07 [(FENCE IN DISREPAIR, NEIGHBORHOOD COMMERCIAL DISTRICTS AND WALL BUFFERS BETWEEN COMMERCIAL AND RESIDENTIAL DEVELOPMENT)] [OF THE CITY CODE], I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. AGGARWAL PENSION TRUST FUND, 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 A CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, AGGARWAL PENSION TRUST FUND, 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 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 CRENSHAW. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 5 OF 18 VOTE: VICE CHAIRMAN MA TISAK: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN : AYE BOARDMEMBERKREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. Board Member Greg Roero arrived at 7:29 p.m. PUBLIC HEARINGS - CONTINUED CASES 400.2 Code Enforcement Department CASE #05-0007990 1450 Mt. Laurel Drive Scott L. And Thyra Phillips Section 6-46. (No Building Permit For Screen Enclosure) Date Of Service: Certified - April 28, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - CONTINUED CASES 400.3 Code Enforcement Department CASE #05-0008075 210 Bitterwood Street Brian Segur Section 6-186. (No Building Permit For Fence) Date Of Service: Certified - Returned Unclaimed May 3, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - CONTINUED CASES 400.4 Code Enforcement Department CASE #05-0008076 210 Bitterwood Street Brian Segur Section 6-46. (No Building Permit For Window(s)) Date Of Service: Nt A Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17,2005 PAGE 6 OF 18 PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 401.1 Code Enforcement Department None. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 402.1 Code Enforcement Department CASE #05-0007968 610 Pearl Road Thomas F. Jr. And Catherine Martin Section 12-53. (a) (b) (Disabled Motor Vehicle) Date Of Service: Certified - Nt A Inspector - Cathy Davidson Discussion ensued with Captain Tolleson stating, "Was Cited on February 17, 2005 and issued a Notice of Violation Warning. This property failed reinspection on February 22nd [2005] and again on April 13th [2005] Certified Notice was sent - and was posted on - May 8,2005. Currently, it is not in Compliance. 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. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS THOMAS F., JR. AND CATHERINE MARTIN, CASE NUMBER 05-0007968. 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. THOMAS F., JR. AND CATHERINE MARTIN WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 12-53. (a) AND (b) [(DISABLED MOTOR VEHICLE)] OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 7 OF 18 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 - THOMAS F., JR. AND CATHERINE MARTIN HAVE VIOLATED SECTIONS 12-53. (a) AND (b) [(DISABLED 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 IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. 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 THOMAS F., JR. AND CATHERINE MARTIN, CASE NUMBER 05-0007968 HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTION 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. THOMAS F., JR. AND CATHERINE MARTIN, 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 COMPLlANCE HAS BEEN VERIFIED BY THE CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17,2005 PAGE 8 OF 18 FURTHERMORE, MR. THOMAS F., JR. AND CATHERINE MARTIN, 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 PELLERIN. CHAIRMAN PITTS STATED, "YOU HAVE ASKED FOR ONE HUNDRED DOLLARS ($100.00) BOTH TIMES." BOARD MEMBER PELLERIN STATED, "I MEANT TO SAY FIFTY DOLLARS ($50.00) FOR THE FIRST." CHAIRMAN PITTS STATED, "I DID NOT ACCEPT A SECOND." MOTION DIED FOR LACK OF A SECOND. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS THOMAS F., JR. AND CATHERINE MARTIN, CASE NUMBER 05-0007968 HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTION 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. THOMAS F., JR. AND CATHERINE MARTIN, IF YOU FAIL 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 THE CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, MR. THOMAS F., JR. AND CATHERINE MARTIN, 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. 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 - MAY 17,2005 PAGE 9 OF 18 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 BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER PAUL KREBS STATED, "THIS HAS BEEN GOING ON SINCE FEBRUARY. I SAY SEVEN [DAYS]." CHAIRMAN PITTS STATED, "TEN (10) DAYS IS THE NORM; AND IT IS THE FIRST OFFENSE." BOARD MEMBER KREBS STATED, "OKAY." VOTE: BOARD MEMBER WENTZ: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 402.2 Code Enforcement Department CASE #05-0008086 597 Green Spring Circle Marygrace Buoni And David Mcneil Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Nt A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 10 OF 18 PUBLIC HEARINGS - NEW CASES 402.3 Code Enforcement Department CASE #05-0008147 121 Mockingbird Lane Daniel R. And Karla L. Lewellen Section 12-53. (a) (b) (Disabled Motor Vehicle) Date Of Service: Certified - N/ A Inspector - Cathy Davidson Captain Tolleson stated, "Was Cited on February 26,2005. Issued a Notice of Violation Warning. This property failed reinspection on March 1 ih [2005] and again on April 29, 2005." Captain Tolleson added, "Currently, it is not in Compliance. We are asking for a Finding of Fact and Relief [Order] in this matter." With discussion, Ms. Cathy Davidson, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. Mr. Daniel R. Lewellen, 121 Mockingbird Lane, Winter Springs, Florida: commented on receiving a deposit for sale of the disabled vehicle. Mr. Lewellen stated, "If for some reason it does not get sold, I will have it towed and put into storage." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS - DANIEL R. AND KARLA L. LEWELLEN, CASE NUMBER 05-0008147. 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 - HER CASE BASED ON THE FOLLOWING: 1. MR. AND MRS. [DANIEL R. AND KARLA L.] LEWELLEN - 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 EXISTED. Tape I/Side B 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE II OF 18 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. AND MRS. [DANIEL R. AND KARLA L.] LEWELLEN 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 THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN MA TISAK: 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 DANIEL R. AND KARLA L. LEWELLEN, CASE NUMBER 05-0008147 HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTION 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 THE VIOLATION OF THE CITY CODE. MR. AND MRS. [DANIEL R. AND KARLA L.] LEWELLEN, IF YOU FAIL 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 THE CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 12 OF 18 FURTHERMORE, MR. AND MRS. [DANIEL R. AND KARLA L.) LEWELLEN, 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. THE FINE FOR A REPEAT VIOLATION WILL BE ONE HUNDRED DOLLARS ($100.00) PER DAY, BEGINNING 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. LET THE RECORD ALSO REFLECT THAT MR. [DANIEL R.) LEWELLEN 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: CHAIRMAN PITTS: AYE VICE CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER KREBS: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 402.4 Code Enforcement Department CASE #05-0008149 890 Chokecherry Drive Justin N. England Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - April 28, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. '---- CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17,2005 PAGE 13 OF 18 PUBLIC HEARINGS - NEW CASES 402.5 Code Enforcement Department CASE #05-0008150 890 Chokecherry Drive Justin N. England Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - April 28, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.6 Code Enforcement Department CASE #05-0008362 975 Turkey Hollow Circle Rodney And Natalie Glisan Section 20-411. And 20-431. (Trailer) Date of Service: Certified - April 28, 2005 Inspector - Cathy Davidson Captain Tolleson presented the Case by stating, "Was originally Cited on March 26,2005 arid issued a Notice of Violation Warning. This property failed reinspection on March 31 st [2005] arid on May 8, 2005 Certified Notice was sent arid posted on May 8, 2005. Currently, it is not in CompliarIce. We are asking for Finding of Fact and appropriate Relief [Order] for this Case." With discussion, Ms. Davidson arIswered questions from the Members of the Code Enforcement Board. Mr. Rodney Glisan, 975 Turkey Hol/ow Circle, Winter Springs, Florida: commented that he had a storage location to store the trailer, but the property was tom up by the hurricane. Captain Tolleson spoke for the Record regarding placing the trailer on the side of the house or in the back yard. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS RODNEY AND NATALIE GLISAN, CASE NUMBER 05-0008362. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING - AND REVEALING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17,2005 PAGE 14 OF 18 1. RODNEY AND NATALIE GLISAN WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 20-411. AND 20-431. TRAILER 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 PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT RODNEY AND NATALIE GLISAN HAVE VIOLATED SECTIONS 20-411. AND 20-431. TRAILER OF THE CITY CODE AND A JUDGMENT OF 'GUILTY' BE ORDERED FOR THIS 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: VICE CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PELLERIN : AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 15 OF 18 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS RODNEY AND NATALIE GLISAN, CASE NUMBER 05-0008362 HAVING BEEN FOUND 'GUILTY' OF VIOLATING SECTIONS 20-411. AND 20-431. TRAILER 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. [RODNEY AND NATALIE] GLISAN, IF YOU FAIL 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 THE CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, MR. [RODNEY AND NATALIE] GLISAN, ANY AND ALL FUTURE REOCCURRENCE[S] 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 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 THE 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 RESPONDENT [RODNEY AND NATALIE GLISAN] WAS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THE BOARD. I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED TO NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 16 OF 18 PUBLIC HEARINGS - NEW CASES 402.7 Code Enforcement Department CASE #05-0008669 1607 North Wind Court Mehrdad And Virginia Sheikh Section 5-4. (a) (No Arbor Permit For Tree(s) Removal) Date of Service: Certified - May 4, 2005 Inspector - Michael Mingea Captain Tolleson stated, "Was first brought to the City Arborist on April 27, 2005 this is a Case of irreparable or irreversible damage and warrants an enhanced penalty. This property failed reinspection on February 22, 2005 and April 13, 2005. Certified Notice was sent and signed for on May 4,2005. Currently, it is not in Compliance." Captain Tolleson called on Mr. Mike Mingea, ArboristlEnvironmental Inspector, Community Development Department, to provide testimony for this Case. Discussion. Captain Tolleson entered into the record a Survey and a Letter from Mr. and Mrs. Sheikh's neighbor, Mr. Richard Imming of 1614 Wood Duck Drive, Winter Springs, Florida. Tape 2/Side A Ms. Virginia Sheikh, 1607 North Wind Court, Winter Springs, Florida: Ms. Sheikh read a letter from Mr. Mehrdad into the Record. Ms. Sheikh presented photographs to the Code Enforcement Board of her property. Board Member Krebs stated, "When they [City Commission] waived the tree permits, was it originally supposed to end December 31 st [2004]?" Mr. Mingea stated, "The absolute bottom line - was the 31 st of December [2004]." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS MEHRDAD AND VIRGINIA SHEIKH, CASE NUMBER 05-0008669. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND - VIRGINIA SHEIKH, IN REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS NOT PROVEN HIS CASE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17,2005 PAGE 17 OF 18 THEREFORE, I MOVE THAT THIS BOARD FIND THAT MEHRDAD AND VIRGINIA SHEIKH HAVE NOT VIOLATED SECTION 5-4. [(a) (NO ARBOR PERMIT FOR TREE(S) REMOVAL)] OF THE CITY CODE AND A JUDGMENT OF 'NOT GUILTY' BE ORDERED FOR THE RECORD." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: 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 402.8 Code Enforcement Department CASE #05-0008670 1607 North Wind Court Mehrdad And Virginia Sheikh Section 5-18. (b) (1) And (2) (Land Clearing) Date of Service: Certified - May 4, 2005 Inspector - Michael Mingea Much discussion. Tape 2A/Side A FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS MEHRDAD AND VIRGINIA SHEIKH, CASE NUMBER 05-0008670. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND - [VIRGINIA] SHEIKH, IN REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS NOT PROVEN HIS CASE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT - MEHRDAD AND VIRGINIA SHEIKH HAVE NOT VIOLATED SECTION 5-18. [(b) (1) AND (2) (LAND CLEARING)] OF THE CITY CODE AND A JUDGMENT OF 'NOT GUlL TY' BE ORDERED FOR THE RECORD." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2005 PAGE 18 OF 18 VOTE: BOARD MEMBER KREBS: NAY VICE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WENTZ: NAY CHAIRMAN PITTS: AYE BOARD MEMBER ROERO: NAY MOTION CARRIED. 600. REPORTS No Reports were given. FUTURE AGENDA ITEMS None. ADJOURNMENT With Consensus of the Board, Chairman Pitts adjourned the Meeting at approximately 9:24 p.m. RESPECTFULLY SUBMITTED BY: /luiJ {J~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the June 21. 2005 Code Enforcement Board Regular Meeting.