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HomeMy WebLinkAbout2006 05 16 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 16,2006 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, May 16, 2006, was called to Order at 7:00 p.m. by Vice Chairman Greg Roero, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Mathew Matisak, absent Vice Chairman Greg Roero, present Board Member Alisa Kaufman, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Leah Weisman, absent Board Member Jim Wentz, present Alternate Board Member Dick Crenshaw, present Alternate Board Member James B. Pitts, present Vice Chairman Roero led the Pledge of Allegiance. Next, Vice Chairman Roero inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "No, Sir." 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. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. None CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 2 OF 15 PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 200.1 None PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 201.1 None PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 202.1 Code Enforcement Bureau - Police Department CASE #06-0011791 1747 Seneca Boulevard James D. And Shannon N. McClain Section 20-411. And 20-431. (RV) Date Of Service: Certified - NI A Inspector - Jose Romero Ms. Cathy Davidson, Inspector, Code Enforcement Inspector, Police Department, stated, "This property was cited on March 9,2006 and issued a Notice of Violation Warning. This property failed reinspection on March 23,2006. Certified Notice posted and signed on April 29, 2006 and giving the McClain's an additional three (3) days to correct and instructed to contact the Inspector for Compliance Inspection by May 2, 2006. Respondent has not contacted us to date for reinspection or assistance. Currently, it is in Compliance. We are asking for Finding of Fact." Inspector Davidson presented photographs and answered questions from the Board Members. Inspector Davidson noted that the Recreational Vehicle (R V) is "Over thirty-two feet (32') and you are only allowed to have - twenty-eight feet (28'). So, it is not allowed to be - at the property at all." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 16, 2006 PAGE 3 OF 15 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS JAMES D. AND SHANNON N. McCLAIN, CASE NUMBER 06-0011791. 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 AND HER CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2- 59. OF THE CITY CODE. 2. THAT A VIOLATION OF SECTIONS 20-411. AND 20-431. (RV) OF THE CITY CODE EXISTED. 3. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. 4. THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 5. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY FOR SEVERAL DAYS, BUT HAS SINCE BEEN CORRECTED. 6. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT JAMES D. AND SHANNON N. McCLAIN HAVE VIOLATED SECTIONS 20-411. AND 20-431. (RV) OF THE CITY CODE AND A JUDGMENT OF GUILTY BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD. THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENT IS HEREBY NOTIFIED THAT IF A REPEAT VIOLATION IS FOUND TO EXIST, THE FINE WILL BE IMPOSED IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY PER VIOLATION BEGINNING THE FIRST DAY THE VIOLA TION WAS AGAIN FOUND TO EXIST." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 16, 2006 PAGE40F 15 VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 Code Enforcement Bureau - Police Department CASE #04-0005642 600 Old Sanford Oviedo Road Bartholmew D. Phillips Section 20-233. Nonconforming Uses (Open Storage) Date Of Service: Certified - N/ A Inspector - Glenn Tolleson Captain Glenn Tolleson, Police Department, presented this Case and read the Railroad Lease Agreement into the Record. Referencing the "Open Storage", Captain Tolleson noted that since 2004, "Mr. Phillips has done a pretty good job of keeping it out of there." Mr. Bartholmew D. Phillips, 7220 Lake Floyer, Orlando Florida: commented that he bought the property in 1993 and that certain parts of the property are not in the City limits of Winter Springs. Discussion. Mr. Phillips stated, "Our goal is not to have any inventory on the ground at all." Further discussion ensued regarding the loading railcars. "I WOULD MOVE THAT WE EXECUTE THE FINE." MOTION BY BOARD MEMBER PELLERIN. MOTION DIED FOR LACK OF A SECOND. Mr. Phillips stated, "I am guilty." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2006 PAGE 5 OF 15 Discussion ensued regarding types of materials on the property. Captain Tolleson noted that Mr. Phillips has been out of the Country. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS BARTHOLMEW D. PHILLIPS, CASE NUMBER 04-0005642. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND BARTHOLMEW D. PHILLIPS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTION 20-233. NON- CONFORMING USES (OPEN STORAGE). 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. 3. THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. 4. THE VIOLATION CONTINUES TO EXIST. THEREFORE, I MOVE THAT THIS BOARD FIND BARTHOLMEW D. PHILLIPS HAS VIOLATED SECTION 20-233. NON-CONFORMING USES (OPEN STORAGE) OF THE CITY CODE AND A JUDGMENT OF GUILTY, AS A REPEAT OFFENDER, BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 6 OF 15 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS BARTHOLMEW D. PHILLIPS, CASE NUMBER 04-0005642. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND BARTHOLMEW D. PHILLIPS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING. 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLA TING SECTION 20-233. NONCONFORMING USES (OPEN STORAGE) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. 3. THE RESPONDENT WAS PRESENT AT THIS HEARING. 4. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE THAT THE FINE OF EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS ($18,500.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERPELLERIN: AYE BOARD MEMBER KREBS: AYE BOAR DMEMBER KAFUMAN: AYE BOARDMEMBERCRENSHAW: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 7 OF 15 PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.2 Code Enforcement Bureau - Police Department CASE #04-0006986 606 Alton Road Hazel A. Crawford Trustee Tenant: Paul C. Weaver Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Nt A Inspector - Cathy Davidson Inspector Davidson presented photographs and stated, "This Case was originally heard before the Board on January 18, 2005." Inspector Davidson added, "The Board's Order stated that any future Violation would impose a Fine of one hundred dollars a day ($100.00) until Compliance is achieved. Certified Notice was sent and signed for on February 3, 2006. The property was posted on May 6, 2006. The property is currently in Compliance. We are asking for a Finding of Fact and Relief [Order] in the amount of one hundred dollars ($100.00) for one (1) day of Non-Compliance at one hundred dollars ($100.00) a day per the Board's Order starting April 18, 2006." Discussion. Tape I/Side 8 Ms. Jill J Boles, Property Manager, 1120 Egan Drive, Orlando Florida: commented that the owner is out of the country and Mr. Paul Weaver could not make it. Ms. Boles stated, "All I know is Paul [Weaver] has been advised - to take the sign off the van." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS HAZEL A. CRAWFORD, TRUSTEE, 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 AND HER CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 8 OF 15 3. THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 4. THE VIOLATION CONTINUES TO EXIST AS OF THIS HEARING. THEREFORE, I MOVE THAT THIS BOARD FIND THAT HAZEL A. CRAWFORD, TRUSTEE HAS VIOLATED SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE AND A JUDGMENT OF GUILTY, AS A REPEAT OFFENDER, 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 WENTZ. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS HAZEL A. CRAWFORD, TRUSTEE - CASE NUMBER 04-0006986. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND HAZEL A. CRAWFORD, TRUSTEE AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT [BOARD] FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 9 OF 15 3. THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 4. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE THAT THE FINE OF ONE HUNDRED DOLLARS ($100.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.3 Code Enforcement Bureau - Police Department CASE #05-0010865 650-A Mac Duff Lane Timothy F. And Gabriele Powers Tenant: Chad Brillis Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Nt A Inspector - Cathy Davidson Inspector Davidson presented photographs and stated, "This Case was originally heard before this Board on December 20,2005. The Board found that Timothy F. and Gabriele Powers and Chad Brillis were in Compliance. However, in the Board's Order it stated that any future Violation would impose a Fine of one hundred dollars ($100.00) a day until Compliance is achieved. Certified Notice of the Board's Order was sent and signed for on January 9, 2006. Property is currently in Compliance. We are asking for a Finding of Fact and Relief [Order] in the amount one hundred dollars ($100.00) for one day of Non-Compliance at one hundred dollars ($100.00) per day per the Board's Order on April 26, 2006." Discussion ensued regarding the Code for Commercial Vehicles. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 100F 15 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS TIMOTHY F. AND GABRIELE POWERS, CASE NUMBER 05-0010865. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICERS HAVE PROVEN THEIR CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE. 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 VIOLATION DOES NOT - EXIST AS OF THIS HEARING. THEREFORE, I MOVE THAT THIS BOARD FIND THAT TIMOTHY F. AND GABRIELE POWERS HAVE VIOLATED SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE AND A JUDGMENT OF GUILTY, AS A REPEAT OFFENDER, BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERCRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE II OF 15 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS TIMOTHY F. AND GABRIELE POWERS, CASE NUMBER 05-0010865. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICERS HAVE PROVEN - THEIR CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT [BOARD] FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTIONS 20-431. AND 20-432. (COMMERCIAL - VEHICLE) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. 3. THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 4. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HA VE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE THAT THE FINE OF ONE HUNDRED DOLLARS ($100.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2006 PAGE 12 OF 15 PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.4 Code Enforcement Bureau - Police Department CASE #05-0011192 721 Bear Creek Circle Kishore D. And Sushi K. Tolia Section 6-217. (No Pool Enclosure) Date Of Service: Certified - Nt A Inspector - Jose Romero Inspector Davidson presented this Case and stated, "This Case was originally heard before this Board on February 21, 2006, The Board found that Kishore D. and Sushi K, Tolia were not in Compliance that night The Board's Order stated that any future Violations would impose a Fine of three hundred dollars ($300.00) a day until Compliance is achieved, Certified Notice was sent on April 28, 2006 with the property posted on May 6, 2006, The property is currently not in Compliance. We are asking for a Finding of Fact and Relief [Order] in the amount of seven thousand eight hundred dollars ($7,800.00) for twenty-six (26) days for Non-Compliance at three hundred dollars ($300.00) per day per the Board's Order starting April 21, 2006 through May 16,2006." Discussion. Mr. Kishore D. Tolia, 721 Bear Creek Circle, Winter Springs, Florida: commented that he has entered into a Contract with a fence contractor and presented a copy of the document to the Board Members. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS KISHORE D. AND SUSHI K. TOLIA, CASE NUMBER 05-0011192. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND - KISHORE D. TOLIA - AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTION 6-217. (NO POOL ENCLOSURE) OF THE CITY CODE. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16,2006 PAGE 13 OF 15 3. THE RESPONDENT WAS PRESENT AT THIS HEARING. 4. THE VIOLATION CONTINUES TO EXIST AS OF THIS HEARING. THEREFORE, I MOVE THAT THIS BOARD FIND THAT KISHORE D. AND SUSHI K. TOLIA, [CASE NUMBER 05-0011192] HAVE VIOLATED SECTION 6- 217. (NO POOL ENCLOSURE) OF THE CITY CODE AND A JUDGMENT OF GUILTY, AS A REPEAT OFFENDER, BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN ROERO: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS KISHORE D. AND SUSHI K. TOLIA, CASE NUMBER 05-0011192. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND KISHORE D. TOLIA AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING. 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT [BOARD] FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTION 6-217. (NO POOL ENCLOSURE) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 14 OF 15 3. THE RESPONDENT WAS PRESENT AT THIS HEARING. 4. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE THAT THE FINE OF SEVENTY -EIGHT HUNDRED DOLLARS ($7,800.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER PELLERIN : AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. None CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The April 18, 2006 Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE MINUTES OF THE MARCH 21sT [2006] MEETING." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 16, 2006 PAGE 15 OF 15 VOTE: BOARD MEMBER PELLERIN : AYE BOARDMEMBERCRENSHAW: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. None 600. REPORTS Captain Tolleson noted that there is a Code Enforcement Conference instructed by Mr. Bob Hamilton in June of 2006. Furthermore, Captain Tolleson informed the Board Members that there will be another Code Enforcement training seminar at the Police Department at a to-be-determined date. Captain Tolleson stated, "I will let you know." FUTURE AGENDA ITEMS None were noted. ADJOURNMENT Vice Chairman Roero adjourned the Meeting at approximately 8:31 p.m. DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the June 20 , 2006 Code. Enforcement Board Regular Meeting.