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Home My WebLink About2005 09 20 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 20, 2005 CALL TO ORDER Chairman Mathew Matisak called the Regular Meeting of the Code Enforcement Board to Order on Tuesday, September 20, 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 Mathew Matisak, present Vice Chairman Greg Roero, present Board Member Alisa Kaufman, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Leah Weisman, present Board Member Jim Wentz, present Alternate Board Member Dick Crenshaw, present Alternate Board Member James B. Pitts, present Chairman Matisak led the Pledge of Allegiance. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes, Sir we do. Tonight, we are going to hear 402.1 Case Number 03-0002817 and Case Number 402.6, - 05-0009666." Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 2 OF 14 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The August 16, 2005 Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE MINUTES." MOTION MADE BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. 600. REPORTS For the benefit of the new Board Members, Chairman Matisak gave a brief Report on speaking for the Record into the "Microphones". Chairman Matisak also spoke regarding the proper forum for discussion on existing and possible future Code Enforcement Cases. Chairman Matisak requested that the Board discuss Scripts for "Non-Compliance Cases" prior to proceeding with the Agenda. There were no objections noted. Discussion ensued following the reading of the Scripts from pages 14, 15, 16, and 17. Chairman Matisak noted that the numbering system is off and needs to be corrected. Regarding the Script from Page 14, Board Member Paul Krebs stated, "Number 14 - 'Sufficient proof exists that the fine should be amended'." Captain Tolleson stated, "As the City Attorney says, 'It is your Scripting'. I think you have done a wonderful job with it already." Chairman Matisak stated, "Thank you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 3 OF 14 Chairman Matisak stated, "We will go ahead and look at the amended ones next session and we can go ahead and Vote on those at that time. Does anybody object to that?" There were no objections. Chairman Matisak remarked, "So, we have Consensus on the Board. " PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 400.1 Code Enforcement Bureau None. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 401.1 Code Enforcement Bureau None. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 402.1 Code Enforcement Bureau CASE #03-0002817 317 Montrose Street Thomas E. Harmon Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery August 22, 2005 Inspector - Cathy Davidson Captain Tolleson stated, "Was originally cited on July 30, 2005 and issued a Notice of Violation Waming. This property failed reinspection on August 12, 2005 and again on August 17,2005. This property has been in and out of Compliance since March 8, 2000." Furthermore, Captain Tolleson stated, "Certified Notice was posted and signed for on August 22, 2005 by Mr. Harmon, which I have entered into Evidence. We gave Mr. Harmon three (3) days to correct the situation. He is currently not in Compliance and we are asking for a Finding of Fact." Ms. Melissa Elliott, 317 Montrose Street, Winter Springs, Florida: Ms. Elliott commented that Mr. Harmon is in Louisiana helping with evacuation and she was asked to come and speak for him. Captain Tolleson stated, "She can not speak for him. But, she can speak for her." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 4 OF 14 Chairman Matisak inquired, "Do you have any written documentation or signed, notarized documentation to present to the Board of Mr. Harmon?" Mr. Elliott stated, "No, Sir." Chairman Matisak also inquired, "Do you have anything that you have witnessed that you can add to this. That you personally witnessed?" Ms. Elliott stated, "Yes, Sir." Ms. Elliott commented that Mr. Harmon has not been able to get it registered because he does not have the title. With discussion on "Re-registering the vehicle, Board Member Dick Crenshaw stated, "She is going to have to take out an insurance policy." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS THOMAS E. HARMON, CASE NUMBER 03-0002817. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND THOMAS E. HARMON AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: THOMAS E. HARMON WAS 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) (B) [(UNLICENSED MOTOR VEHICLE)' OF THE CITY CODE EXISTED. 1. 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. 2. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 3. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 4. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 5 OF 14 THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. THOMAS E. HARMON HAS 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 KAUFMAN. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. "MOTION TO AMEND - THE PREVIOUS MOTION WAS - THAT THERE IS TESTIMONY FROM THE CODE ENFORCEMENT OFFICER AND MR. THOMAS HARMON AND MR. THOMAS HARMON WAS NOT PRESENT IT WAS - MELISSA ELLIOTT; SO STRIKE THOMAS HARMON AND ADD MELISSA ELLIOTT." AMENDMENT BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER WEISMAN: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) BOARD MEMBER KAUFMAN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 6 OF 14 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS THOMAS [E.] HARMON, CASE NUMBER 03-0002817 HAVING BEEN FOUND 'GUILTY' FOR 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. THOMAS [E.] HARMON IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PERIOD [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, THOMAS [E.] HARMON, 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 WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN : AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 7 OF 14 PUBLIC HEARINGS - NEW CASES 402.2 Code Enforcement Bureau CASE #05-0008073 227 Dogwood Court Harvey Murphy Tenant: Carmen Perez Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery August 20, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.3 Code Enforcement Bureau CASE #05-0008270 222 Albert Street James A. And Eileen M. Nass Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Proof Of Delivery August 20, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.4 Code Enforcement Bureau CASE #05-0009402 107 North Alderwood Street 107 Alderwood Land Trust FBO Tenant: Kathy Ervin Section 20-411. And 20-431. (Utility Trailer) Date Of Service: Certified - Proof Of Delivery August 20, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 8 OF 14 PUBLIC HEARINGS - NEW CASES 402.5 Code Enforcement Bureau CASE #05-0009436 1034 Forest Circle William P. Fox Section Chapter 3 (Minimum Standards) Date Of Service: Certified - Proof Of Delivery September 3, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.6 Code Enforcement Bureau CASE #05-0009666 624 Locust Court Christina S. Wolski Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery August 27,2005 Inspector - Jose Romero Captain Tolleson stated, "Was cited on July 13, 2005 and issued a Notice of Violation. The property failed reinspection on July 23, 2005 and again on August 18, 2005. Certified Notice was sent and property posted on August 27, 2005. The vehicle is currently in Compliance and we are asking for a 'Finding of Fact' only." With discussion, Mr. Jose Romero, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. Mr. Robert Malcomb, 1250 Sunset Road, Casselberry, Florida: commented on staying at the owner's property. Tape IISide B Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS CHRISTINA S. WOLSKI, CASE NUMBER 05-0009666. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICERS - AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN THEIR CASE BASED ON THE FOLLOWING: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 9 OF 14 CHRISTINA S. WOLSKI 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. 1. 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. 2. THE VIOLATION OF THE CODE EXISTED ON THE PROPERTY, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT CHRISTINA S. WOLSKI HAS VIOLATED SECTIONS 20-431. AND 20-432. (COMMERCIAL - VEHICLE) OF THE CITY CODE 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 SECTIONS 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 ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST. MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. CAPTAIN TOLLESON ASKED IF THE MOTION COULD, "INCLUDE SECTION 20-434. WHERE WE TALKED ABOUT THE FLAT BED TRUCK?" "I MAKE A MOTION TO INCLUDE 20-434. IN THAT AS WELL." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERKAUFMAN: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN : AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) BOARD MEMBER WEISMAN: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 10 OF 14 PUBLIC HEARINGS - NEW CASES 402.7 Code Enforcement Bureau CASE #05-0009687 124-130 (Specifically #126) Cory Lane Pyxis Group LLC Section Chapter 3 (Minimum Standards - 302.1. Sanitary Facilities) Date Of Service: Certified - Proof Of Delivery August 20, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.8 Code Enforcement Bureau CASE #05-0009694 35 South Devon Avenue Terri L. Swoape And James H. Stone Heirs Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery August 22, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE II OF 14 PUBLIC HEARINGS - NEW CASES 402.9 Code Enforcement Bureau CASE #05-0009715 704 Sailfish Road Brian McArdle Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery September 3, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.10 Code Enforcement Bureau CASE #05-0009741 113-117 Lori Anne Lane Atlas Group LLC Section 13-2. And 13-3. (Trash And Debris - Duty Of Owner(s) Of Building) Date Of Service: Certified - Proof Of Delivery August 20, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.11 Code Enforcement Bureau CASE #05-0009742 112-116 Lori Anne Lane Joseph Deas Section 13-2. And 13-3. (Trash And Debris - Duty OfOwner(s) Of Building) Date Of Service: Certified - Proof Of Delivery August 19, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 12 OF 14 PUBLIC HEARINGS - NEW CASES 402.12 Code Enforcement Bureau CASE #05-0009814 161 Mosswood Circle Mosswood Apartments Vehicle Owner: Juan Lorenzo Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery August 20, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.13 Code Enforcement Bureau CASE #05-0009844 425 Boxwood Circle Robert Debellis Section 9-374. (No House Numbers) Date Of Service: Certified - N/ A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.14 Code Enforcement Bureau CASE #05-0009943 1714 Seneca Boulevard Tommy Blue Section 13-2. (Stagnant Pool) Date Of Service: Certified - September 1, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.15 Code Enforcement Bureau CASE #05-0010058 721 South Endeavour Drive Ahmed Karaze And Fatme Ghaddar Tenant(s): John W. Baker And William Lockwood Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - N/A Inspector - Cathy Davidson CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 13 OF 14 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 403.1 Code Enforcement Bureau CASE #05-0008147 121 Mockingbird Lane Daniel R. And Karla L. Lewellen Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery August 20, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NON-COMPLIANCE CASES 403.2 Code Enforcement Bureau CASE #05-0009265 216 Bennett Street Rene And Juanita Baez Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - N/ A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 20, 2005 PAGE 14 OF 14 .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. 600. REPORTS Discussion. Next, discussion ensued regarding scheduling a Workshop with Mr. Bob Hamilton. Captain Tolleson stated, "I will send you the information." With discussion, Chairman Matisak stated for the Record that there was a Consensus to hold a Workshop at City Hall. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT With Consensus of the Board, Chairman Matisak adjourned the Meeting at approximately 8:15 p.m. RESPECTFULLY SUBMITTED BY: wk-ck~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the October 18, 2005 Code Enforcement Board Regular Meeting.