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Home My WebLink About2006 01 17 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 17,2005 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, January 17,2005, was called to Order at 7:00 p.m. by Chairman Mathew Matisak, 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, absent 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 noted that Agenda Items 202.1 and 202.2 would be heard at tonight's Meeting. Chairman Matisak discussed the changes in the Agenda format. 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 - JANUARY 17,2006 PAGE 2 OF 11 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Police Department - Code Enforcement Bureau None. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 200.1 Police Department - Code Enforcement Bureau None. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 201.1 Police Department - Code Enforcement Bureau None. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 202.1 Police Department - Code Enforcement Bureau CASE #04-0005877 127 Lori Anne Lane Susan N. Rumpf Chapter 3 - Minimum Housing Standards - Broken Window Date Of Service: Certified - Proof Of Delivery January 3, 2006 Inspector - Cathy Davidson Captain Tolleson stated, "Was originally cited November I, 2005 - this property failed reinspection on November 15,2005 and again on January 12,2006. Certified Notice was posted and sent - on January 3, [2006]. Currently, it is not in Compliance. We are asking for a Finding of Fact and Relief [Order]. January 13,2006 was the last reinspection." Discussion ensued regarding the Building Code. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE 3 OF II FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS SUSAN M. RUMPF, CASE NUMBER 04-0005877. 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 OR HER CASE BASED ON THE FOLLOWING: 1. THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE SECTION 2-59. OF THE CITY CODE THAT A'VIOLATION OF - CHAPTER 3 (MINIMUM HOUSING STANDARDS - BROKEN WINDOW) OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. 3. THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 4. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT VIOLATION. 5. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 6. THE VIOLATION CONTINUES TO EXIST UPON THE - [RESPONDENT'S] PROPERTY. THEREFORE, I FIND THAT THIS BOARD FIND THAT SUSAN M. RUMPF HAS VIOLA TED CHAPTER 3 (MINIMUM HOUSING STANDARDS - BROKEN WINDOW) OF THE CITY CODE AND A JUDGEMENT OF GUILTY BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN : AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE BOARDMEMBERKAUFMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE40F 11 RELIEF ORDER: "CITY OF WINTER SPRINGS VERSUS SUSAN M. RUMPF, CASE NUMBER 04-0005877. HAVING BEEN FOUND GUILTY FOR VIOLATION OF CHAPTER 3 (MINIMUM HOUSING STANDARDS - BROKEN WINDOW) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY THE CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THE 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 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 INTO THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THE BOARD." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUAR Y 17,2006 PAGE50F II PUBLIC HEARINGS - NEW CASES 202.2 Police Department - Code Enforcement Bureau CASE #05-0010643 639 Pearl Road Oscar And Marisela Velazquez Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery January 4, 2006 Inspector - Cathy Davidson Captain Tolleson stated, "Was cited on April 24th, September 11th. October 28th, December 18th, of 2005 and issued a Notice of Violation on each date to include also again on January 15, 2006. The property failed reinspection on December 31, 2005. Certified Mail was signed for on January 6, 2006 and instructed to contact the Inspector for a Compliance Reinspection. Has been in contact with us. The vehicle is currently in Compliance as of this Meeting and we are asking for a Finding of Fact." With discussion, Ms. Cathy Davidson, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. Inspector Davidson stated, "I have talked with Mr. Velazquez on several occasions. He has telephoned twice and asked what to do about his van. I also talked to him person and he asked the same question." Inspector Davidson responded that she told Mr. Velazquez that, 'He could cover it with magnets'." Discussion ensued regarding the contents within the racks on top of the van. Mr. Oscar Velazquez, 639 Pearl Road, Winter Springs, Florida: commented that he has spoken to his employer regarding relocating his van. Chairman Matisak stated, "Do you have the ability to park the vehicle in the garage?" Mr. Velazquez stated, "On the right-hand side of the truck, there is a tree in front of my house; I can park it back there. To the left-hand side, there is access to park. I just put some gates up. I could drive it to the back, but I did not want to do that because I spent a lot of time doing my lawn." Mr. Velazquez stated, "If I do go with the magnets, - it is okay?" Board Member Wentz stated, "As long as there is nothing written on the magnets." Mr. Velazquez said, "Just plain, white magnets? Okay." Chairman Matisak added, "But you do have some choices. It is either putting the magnets on the vehicle; parking the vehicle in the garage; getting it away from the front of the streets so it can not be visible on the street; or simply, as Captain Tolleson has suggested, parking it at your employer. Then when you have a call, simply drive over there and pick up the vehicle. Anyone of those avenues will work so that you are in Compliance. " Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE 6 OF II FINDING OF FACT: "CITY OF WINTER SPRINGS VERSUS OSCAR AND MARISELA VELAZQUEZ, CASE NUMBER 05-0010643. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND - OSCAR VELAZQUEZ AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: 1. THAT THE RESPONDENTS WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE. 2. THAT A VIOLATION OF SECTIONS 20-431. AND 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED. 3. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THE RESPONDENT WAS PRESENT AT THIS HEARING. 4. A VIOLATION OF THIS CODE DID EXIST ON THE PROPERTY FOR SEVERAL DAYS, BUT HAS SINCE BEEN CORRECTED. 5. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT OSCAR AND MARISELA VELAZQUEZ HAVE VIOLATED SECTIONS 20-431. AND 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE AND A JUDGEMENT 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 FIFTY DOLLARS ($50.00) PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE70FII 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 IMMEDIATEL Y." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. "I MAKE A MOTION TO AMEND IT TO ONE HUNDRED DOLLARS ($100.00) PER DAY." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) CHAIRMAN MA TISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN : NAY BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: NAY MOTION CARRIED. Discussion. "I WOULD LIKE TO MAKE A MOTION TO GIVE - OSCAR [AND MARISELA] VELAZQUEZ FORTY-EIGHT (48) HOURS TO FIND A PLACE TO SOLVE THE ISSUE AND TALK TO YOUR EMPLOYER TOMORROW. I WOULD LIKE TO MAKE A MOTION TO GIVE HIM TWO (2) DAYS; FORTY- EIGHT (48) HOURS, TO TAKE CARE OF THIS. TWO (2) BUSINESS DAYS FROM RIGHT NOW." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAlRAMN ROERO: AYE MOTION CARRIED. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE80FII VOTE: (ON THE MOTION, AS AMENDED) VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 202.3 Police Department - Code Enforcement Bureau CASE #05-0010678 989 Turkey Hollow Circle Jose L. And Evelyn Rivera Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery January 3, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.4 Police Department - Code Enforcement Bureau CASE #05-0010725 704 Heather Lane CSL Construction LLC Section 20-411. And 20-431. (Trailers) Date Of Service: Certified - December 30, 2005 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.5 Police Department - Code Enforcement Bureau CASE #05-0011153 Northern Way At Greenbriar Southeast Corner D R Horton Inc. Section 13-2. (Excessive Growth - Lot) Date Of Service: Certified - December 30, 2005 Inspector - Glenn Tolleson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE 9 OF II PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 Police Department - Code Enforcement Bureau None. REGULAR AGENDA REGULAR 300. Office Of The City Clerk Election Of Officers. "I WOULD LIKE TO MAKE A MOTION THAT WE NOMINATE MAT MA TISAK AS CHAIRMAN OF CODE BOARD." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENZ: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE GREG ROERO FOR VICE CHAIRMAN AGAIN." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE VICE CHAIRMAN ROERO: AYE BOARDMEMBERPELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE 100F II CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The December 20, 2005 Regular Meeting Minutes. "MOTION TO APPROVE LAST MONTH'S MINUTES - DECEMBER 20, 2005." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Police Department - Code Enforcement Bureau None. 600. REPORTS There was a brief discussion regarding Code Enforcement "Fines". Board Member Alisa Kaufman asked about the status of Code Enforcement Classes. Captain Tolleson stated, "It will be next month." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 17,2006 PAGE 11 OF II ADJOURNMENT With Consensus of the Board, ChairmarJ Matisak adjourned the Meeting at approximately 7:43 p.m. RESPECTFULLY SUBMITTED BY: ~d~~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the February 21 , 2006 Code Enforcement Board Regular Meeting.