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Home My WebLink About2006 07 18 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 18, 2006 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday , July 18, 2006, was calleuto 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, present Board Member Jim Wentz, present Alternate Board Member Dick Crenshaw, arrived at 7:12 p.m. Alternate Board Member James B. Pitts, present Vice Chairman Roero led the Invocation and Pledge of Allegiance. Next, Vice Chairman Roero inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "Yes, Sir. Tonight we are going to hear 202.3 and 202.5." 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 - JULY 18, 2006 PAGE 2 OF 10 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 #04-0006131 315 Panama Circle Sam Tringali Tenant: Joseph France Section 12-53. (a) (b) (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery July 6, 2006 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUL Y 18, 2006 PAGE 3 OF 10 PUBLIC HEARINGS - NEW CASES 202.2 Code Enforcement Bureau - Police Department CASE #06-0011809 619 Sailfish Road Roger O. Goins Section 6-46. (No Building Permit - Construction In Rear Of Property) (Engineering And Application Postponed Until July 26, 2006.) Date Of Service: Certified - Proof Of Delivery July 1, 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 #06-0011907 503 Seasons Court Carlos J. Carrion Sections 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - "Unclaimed" Inspector - Jose Romero Mr. Jose Romero, Inspector, Code Enforcement Bureau, Police Department presented this Case for the Advisory Board Members and stated, "Was originally cited on November 13, 2005 and issued a Notice of Violation. The property was posted again for the same commercial vehicle on April I, 2006. Certified mail was sent on June 30, 2006. Returned unsigned. The property was posted on July 8, 2006 and instructed to contact an Inspector for Compliance." Regarding the Respondent, Inspector Romero continued, "Has not been in contact with us. The vehicle is currently in Compliance. We are asking for a Finding of Fact." Discussion ensued regarding the racks on top of the vehicle shown in a photograph. Alternate Board Member Dick Crenshaw arrived at 7: 12 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2006 PAGE 4 OF 10 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS CARLOS J. CARRION, CASE NUMBER 06-0011907. 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. THE RESPONDENT WAS PROVIDED NOTICE OF 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. 4. THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 5. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 6. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 7. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT CARLOS J. CARRION HAS VIOLATED SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) 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." MOTION BY ADVISORY BOARD MEMBER KREBS. SECONDED BY ADVISORY BOARD MEMBER KAUFMAN. DISCUSSION. MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2006 PAGE 5 OF 10 VOTE: BOARD MEMBER WENTZ: AYE BOARDMEMBERPELLERIN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE BOARDMEMBERKAUFMAN: AYE AL TERNA TE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS CARLOS J. CARRION, CASE NUMBER 06-0011907. HAVING BEEN FOUND GUILTY FOR VIOLATING SECTIONS 20-431. AND 20-432. OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN THREE (3) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THIS TIME PERIOD, 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, 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 OF THE REPEAT VIOLATION WAS 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 ADVISORY BOARD MEMBER WENTZ. SECONDED BY ADVISORY BOARD MEMBER KAUFMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2006 PAGE 6 OF 10 VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARDMEMBERKREBS: AYE BOARD MEMBER WENTZ: AYE AL TERNA TE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 202.4 Code Enforcement Bureau - Police Department CASE #06-0012101 707 Sybilwood Circle Jaimi M. And Gregory Putzke Section 6-217. (No Pool Enclosure) Date Of Service: Certified - Proof Of Delivery July 1, 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 #06-0012377 227 Dogwood Court Harvey Murphy Tenant: Carmen Perez Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery July 1, 2006 Inspector - Cathy Davidson Inspector Romero stated, "Was originally cited on June 3, 2006 and issued a Notice of Violation. The property was reinspected for the same commercial vehicle on June 8, 2006. Certified mail was sent on July 1, 2006 and signed for by property owner and tenants which instructed them to contact the Inspector for Compliance." Inspector Romero continued, "Has been in contact with us. The vehicle is currently in Compliance. We are asking for a Finding of Fact." Regarding a note from the Owner, Inspector Romero stated, "The Owner stating that, 'The Lease Agreement must remain in Compliance in Codes. He has not given permission to the Tenant to park the tow truck on the roadway or in the driveway'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2006 PAGE 7 OF 10 Captain Tolleson noted that the owner will not be at this Meeting. Deputy City Clerk Franklin swore in persons providing testimony during the presentation of this case. Mr. Fernando Torres, 227 Dogwood Court, Winter Springs, Florida: apologized for leaving the truck at the residence. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS HARVEY MURPHY, CASE NUMBER 06-0012377. 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. THE RESPONDENT WAS PROVIDED NOTICE OF 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. 4. THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 5. THE 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 HARVEY MURPHY HAS VIOLATED SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE AND A JUDGMENT OF GUILTY BE ORDERED FOR THE RECORD. THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2006 PAGE 8 OF 10 FURTHERMORE, THE RESPONDENT IS 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 VIOLA TION WAS AGAIN FOUND TO EXIST." MOTION BY ADVISORY BOARD MEMBER KAUFMAN. MOTION BY ALTERNATE ADVISORY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: AL TERNA TE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN ROERO: AYE BOARDMEMBERWEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERPELLERIN: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 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 - June 30, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. REGULAR AGENDA REGULAR 300. Code Enforcement Bureau - Police Department None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2006 PAGE90F 10 CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The June 20, 2006 Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE MINUTES FROM LAST MONTH'S MEETING - JUNE 20, 2006." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY ADVISORY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE AL TERNA TE BOARD MEMBER CRENSHA W: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Code Enforcement Bureau - Police Department None, 600. REPORTS Discussion ensued on the Motions for, retaining Code Enforcement documents and receiving the Agenda prior to the Meeting. "I WOULD LIKE TO MAKE A MOTION THAT WE GO AHEAD AND RECEIVE THE AGENDA WITH OUR MINUTES. BUT, THAT AFTERWARDS ANYONE WHO DOES NOT WANT TO KEEP A PERMANENT RECORD AT HOME MAY TURN THEM INTO THE CLERK WHERE THEY WILL BE DISPOSED OF ACCORDINGLY." MOTION BY ALTERNATE ADVISORY BOARD MEMBER CRENSHAW. SECONDED BY ADVISORY BOARD MEMBER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 18, 2006 PAGE 10 OF 10 VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: NAY BOARD MEMBER KAUFMAN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE AL TERNA TE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE . MOTION CARRIED. Regarding Advisory Board Member Paul Krebs, Advisory Board Member Laurent Pellerin stated, "This is his last Meeting. I think we should give him thanks for being with us for all this time." Board Member Krebs stated, "I enjoyed being on the Board. Interesting, I would have loved to continue." Board Member Pellerin also commented, "And, we should welcome Mr. Crenshaw back to the Board." Captain Tolleson noted that he is working on locating the "Rule Book" from the City of Orlando. Deputy City Clerk Franklin added, "Under the Florida Statutes Section 119, we have requested from the City Clerk - to see if they can get the - 'Code Rule Book' - as a Public Records request." Advisory Board Member Alisa Kaufman stated, "Thank you." FUTURE AGENDA ITEMS None were noted. ADJOURNMENT Vice Chairman Roero adjourned the Meeting at approximately 7:40 p.m. RESPECTFULLY SUBMITTED: /()dd~ :k~d~ DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the Seotember 19 , 2006 Code Enforcement Board Regular Meeting.