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HomeMy WebLinkAbout2006 03 21 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 21, 2006 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, March 21, 2006, 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, arrived at 7:01 p.m. 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. Board Member Alisa Kaufman arrived at 7:01 p.m. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "Yes, Sir. Tonight, we are going to hear Case Numbers 202.3, 202.5, 202.6, and 202.7." 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 - MARCH 21, 2006 PAGE 2 OF 16 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Code Enforcement Bureau - Police Department None. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 200.1 Code Enforcement Bureau - Police Department None. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 201.1 Code Enforcement Bureau - Police Department None. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 202.1 Code Enforcement Bureau - Police Department CASE #05-0011199 160 Lombardy Road Michael J. Kettlehut Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - February 24, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE 3 OF 16 PUBLIC HEARINGS - NEW CASES 202.2 Code Enforcement Bureau - Police Department CASE #06-0011330 207 Bennett Street Kathleen M. Lampe Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery February 25, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.3 Code Enforcement Bureau - Police Department CASE #06-0011336 229 West Panama Road James L. Mattox Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery February 25, 2006 Inspector - Jose Romero With discussion, Mr. Jose Romero, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. Inspector Romero read the Case information into the Record that the property "Was cited on January 9, 2006 and issued a Notice of Violation Warning. This property failed reinspection on January 20, 2006, March 3, 2006, March 10 2006, and March 17, 2006. Certified Notice was signed for on February 25,2006." Captain Glenn Tolleson, Police Department, confirmed the authenticity of the property pictures. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS JAMES L. MATTOX, CASE NUMBER 06-0011336. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. MATTOX, AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 1. JAMES L. MATTOX 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21,2006 PAGE 4 OF 16 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 JAMES L. MATTOX 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 IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. "TO AMEND STRIKE STATEMENT 'HEARING THE CODE ENFORCEMENT AND MR. MATTOX'. MR. MATTOX WAS NOT PRESENT TO TESTIFY. MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. VOTE: (ORIGINAL MOTION, AS AMENDED) VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- MARCH 21, 2006 PAGE 5 OF 16 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS JAMES L. MATTOX, CASE NUMBER 06-0011336 HA VING 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. JAMES L. MATTOX 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, JAMES L. MATTOX, 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 KREBS. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE 6 OF 16 PUBLIC HEARINGS - NEW CASES 202.4 Code Enforcement Bureau - Police Department CASE #06-0011344 1786 Seneca Boulevard Marie And Yves Desir Section 13-2. (Debris) Date Of Service: Certified - February 24, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.5 Code Enforcement Bureau - Police Department CASE #06-0011389 902 Gazelle Trail Ruth A. Parham Section 13-2. (Unsightly Junk) Date Of Service: Certified - February 27, 2006 Inspector - Cathy Davidson Captain Tolleson presented this Case and stated, "This Case was originally cited on January 13, 2006 and issued a Notice of Violation. The property failed reinspection on January 30, 2006 and February 15, 2006. Certified Notice was sent and signed for on February 27,2006. We are seeking a Finding of Fact and Relief [Order] in this Case." Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS RUTH A. PARHAM, CASE NUMBER 06-0011389. 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. RUTH A. P ARHAM 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. (UNSIGHTLY JUNK) 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE 7 OF 16 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 RUTH A. PARHAM HAS VIOLA TED SECTION 13-2. (UNSIGHTLY JUNK) 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 KREBS. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS RUTH A. PARHAM, CASE NUMBER 06-0011389 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. (UNSIGHTLY JUNK) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. RUTH A. PARHAM IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PERIOD [PROVIDED], A FINE OF ONE HUNDRED DOLLARS ($100.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE 8 OF 16 FURTHERMORE, RUTH A. PARHAM, 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 FIFTY DOLLARS ($250.00) 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 VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 202.6 Code Enforcement Bureau - Police Department CASE #06-0011426 229 West Panama Road James L. Mattox Section 20-411. And 20-431. (Trailer) Date Of Service: Certified - Proof Of Delivery February 25, 2006 Inspector - Jose Romero Inspector Romero presented this Case and stated, "Was cited on January 17, 2006 and issued a Notice of Violation warning. This property failed reinspection on January 20, 2006. Certified Notice was posted and signed for on February 25, 2006." Inspector Romero added, "Currently, it is not in Compliance." Referring to the Powerpoint presentation, Captain Tolleson stated, "I took that picture, but was not able to get by there today." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE90F 16 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS JAMES L. MATTOX, CASE NUMBER 06-0011426. 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. JAMES L. MA TTOX WAS 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 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 JAMES L. MATTOX HAS VIOLATED [(SECTIONS 20-411. AND 20-431. (TRAILER))] 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 VICE CHAIRMAN ROERO. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE 10 OF 16 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS JAMES L. MATTOX, CASE NUMBER 06-0011426 HAVING BEEN FOUND 'GUILTY' FOR 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 THIS VIOLATION OF THE CITY CODE. JAMES L. MATTOX 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, JAMES L. MATTOX, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT QFFENSE. 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 VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. "RAISE FROM FIFTY DOLLARS ($50.00) TO ONE HUNDRED DOLLARS ($100.00) AND TWO HUNDRED DOLLARS ($200.00) FOR REPEAT." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN: NAY CHAIRMAN MA TISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER PELLERIN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE II OF 16 VOTE: (ORIGINAL MOTION, AS AMENDED) BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. Chairman Matisak noted for the Record that the Respondent did not provide testimony for the Case. PUBLIC HEARINGS - NEW CASES 202.7 Code Enforcement Bureau - Police Department CASE #06-0011427 229 West Panama Road James L. Mattox Section 13-2. (Untended Grass and Weeds) Date Of Service: Certified - Proof Of Delivery February 25, 2006 Inspector - Jose Romero Inspector Romero presented this Case and stated, "Was cited on January 17,2006. This property failed reinspection on January 20,2006. Certified Notice was posted and signed for on February 25, 2006." Inspector Romero added, "This property is not in Compliance. " Discussion ensued regarding the location of the 'Untended Grass and Weeds' being in the right-of-way. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS JAMES L. MATTOX, CASE NUMBER 06-0011427. 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. JAMES L. MATTOX 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. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE 12 OF 16 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 JAMES L. MATTOX HAS VIOLATED SECTION 13-2. (UNTENDED GRASS AND WEEDS) 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 KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. CHAIRMAN MATISAK NOTED THAT MR. MATTOX WAS NOT PRESENT. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: NAY BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS JAMES L. MATTOX, CASE NUMBER 06-0011336 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. JAMES L. MATTOX 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 21, 2006 PAGE 13 OF 16 FURTHERMORE, JAMES L. MATTOX, 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 WEISMAN. SECONDED "IN ORDER TO ACHIEVE COMPLIANCE, THE ENTIRE YARD AND THE RIGHT-OF-WAY MUST BE MAINTAINED." MOTION BY CHAIRMAN MATISAK. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: NAY BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMANMATISAK: AYE MOTION CARRIED. VOTE: (ORIGINAL MOTION, AS AMENDED) CHAIRMAN MATISAK: AYE BOARD MEMBER PELLERIN : NAY BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 2 I, 2006 PAGE 14 OF 16 PUBLIC HEARINGS - NEW CASES 202.8 Code Enforcement Bureau - Police Department CASE #06-0011474 1491 East State Road 434, Suite 101 Church Metro Of Christ Inc. Chapter 20 (Zoning And Settlement Agreement Of Tuskawilla PUD [Planned Unit Development)) (RV And Boat Storage Not An Allowable Use) Date Of Service: Certified - Nt A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.9 Code Enforcement Bureau - Police Department CASE #06-0011620 1458 Mt. Laurel Drive Alfred C. Lockyer Section 20-431. (RV) Date Of Service: Certified - Proof Of Delivery March 2, 2006 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 Code Enforcement Bureau - Police Department None. REGULAR AGENDA REGULAR 300. Code Enforcement Bureau - Police Department None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 2 I, 2006 PAGE 15 OF 16 CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The February 21, 2006 Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE." - FEBRUARY 21, 2006 MINUTES. MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN: NAY CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Code Enforcement Bureau - Police Department None. 600. REPORTS "POSTING AND MAILING OF NOTICES IS AN ACCEPTED PRACTICE OF THE CODE ENFORCEMENT DEPARTMENT." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMANMATISAK: AYE BOARDMEMBERPELLERIN: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 2 I, 2006 PAGE 16 OF 16 Captain Tolleson commented that there are two (2) days and two (2) classes per day for Code Enforcement training at the Police Department on Thursday, March 23, 2006 and Friday, March 24, 2006. Both days have classes from 1 :00 p.m. to 4:00 p.m. and from 6:00 p.m. to 10:00 p.m. It was noted that it is not mandatory to attend. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT With Consensus of the Board, Chairman Matisak adjourned the Meeting at approximately 8:05 p.m. RESPECTFULLY SUBMITTED BY: LU(J~~ "DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the Mav 16 , 2006 Code Enforcement Board Regular Meeting.