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Home My WebLink About2006 09 19 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 19,2006 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, September 19, 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 Dick Crenshaw, present Board Member Alisa Kaufinan, absent Board Member James B. Pitts, present Board Member Leah Weisman, present Board Member Jim Wentz, present Alternate Board Member Sherri P. Moore, present Alternate Board Member Laura-Leigh Wood, present For the Record, Chairman Mathew Matisak noted that Board Member Alisa Kaufman was Approved to be absent from the Meeting. Chairman Matisak welcomed Ms. Sherri Moore and Ms. Laura-Leigh Wood to the Code Enforcement Board. The Invocation and Pledge of Allegiance was led by Chairman Matisak. Next, Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "Yes, Sir. Tonight, we are going to hear 202.3, 202.23,203.1, and 203.2." Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. Captain Tolleson commented that Ms. Cathy Davidson, Inspector, Code Enforcement Bureau, Police Department, is out on medical leave and introduced Ms. Marette Simms, Inspector, Code Enforcement Bureau, Police Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 2 OF 20 PUBLIC INPUT Noone spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Code Enforcement Bureau - Police Department Not Used. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 200.1 Code Enforcement Bureau - Police Department Not Used. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 201.1 Code Enforcement Bureau - Police Department Not Used. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 202.1 Code Enforcement Bureau - Police Department CASE #06-0012095 320 Inglenook Circle Kimberly McNealy Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA M IN UTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 3 OF 20 PUBLIC HEARINGS - NEW CASES 202.2 Code Enforcement Bureau - Police Department CASE #06-0012253 1602 Tiverton Street Dennis And Colleen Susskraut Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery August 31,2006 Inspector - Glenn Tolleson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.3 Code Enforcement Bureau - Police Department CASE #06-0012353 71 North Bombay Avenue Francis A. Joyce Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - "Unclaimed" August 30, 2006 Inspector - Jose Romero Mr. Jose Romero, Inspector, Code Enforcement Bureau, Police Department presented this Agenda Item and stated, "Was originally Cited on June 1, 2006 and issued a Notice of Violation. The property was Cited on October 3, 2005 and October 25, 2005 for the same Violations. The property is vacant. Certified mail was sent on August 22, 2006. The property is currently in Non-Compliance. We are asking for a Finding of Fact and Relief [Order]. " Chairman Matisak noted for the Record that no one was present on behalf of the Respondent. Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS FRANCIS A. JOYCE, CASE NUMBER 06-0012353. 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: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- SEPTEMBER 19,2006 PAGE 4 OF 20 THAT [FRANCIS A. JOYCE] 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. 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. THEREFORE, I MOVE THAT THIS BOARD FIND THAT FRANCIS A. JOYCE 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 IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER WENTZ. CHAIRMAN MATISAK STATED, "I HAVE A SECOND BY VICE CHAIRMAN ROERO." DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PITTS: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. Discussion ensued regarding maintaining the property with a 'Landscaping company'. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 5 OF 20 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS FRANCIS A. JOYCE, CASE NUMBER 06-0012353 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. [(UNTENDED GRASS AND WEEDS)] OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. [FRANCIS A. JOYCE] - IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, THE CODE ENFORCEMENT BOARD DIRECTS THE CODE ENFORCEMENT DEPARTMENT TO TAKE ANY NECESSARY STEPS TO BRING THE PROPERTY INTO COMPLIANCE AND WILL BE VERIFIED BY THE CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, FRANCIS A. JOYCE, 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 PITTS. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WENTZ: AYE AL TERNA TE BOARD MEMBER MOORE: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 6 OF 20 PUBLIC HEARINGS - NEW CASES 202.4 Code Enforcement Bureau - Police Department CASE #06-0012404 101 Keith Court Fernando And Wilma M. Magnoler, C/O Coldwell/Jim Payne Tenant: Eric Fromert Section 20-411. And 20-434. (Trailer - Oversized) Date Of Service: Certified - Proof Of Delivery August 23, 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 #06-0012411 402 Boxwood Circle Orlando I. And M. Lynn Castro Section 12-53. (Disabled And Unlicensed Vehicle) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.6 Code Enforcement Bureau - Police Department CASE #06-0012425 1120 Winter Springs Boulevard Janice S. Harvey Section 12-53 (a)(b) (Disabled Motor Vehicle) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 7 OF 20 PUBLIC HEARINGS - NEW CASES 202.7 Code Enforcement Bureau - Police Department CASE #06-0012425 1120 Winter Springs Boulevard Janice S. Harvey Section 13-2. (Trash And Debris) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.8 Code Enforcement Bureau - Police Department CASE #06-0012434 204 South Moss Road Kenneth G. And Samantha Furboter Section 9-374. And 13-2. (No House Numbers And Debris) Date Of Service: Certified - "Unclaimed" Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.9 Code Enforcement Bureau - Police Department CASE #06-0012457 140 Lombardy Road Dominick English And Jon Miosky Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER] 9,2006 PAGE 8 OF 20 PUBLIC HEARINGS - NEW CASES 202.10 Code Enforcement Bureau - Police Department CASE #06-0012462 107 North Alderwood Street 107 Alder Wood Land Trust FBO Tenant: Kathy Ervin Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery August 25, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.11 Code Enforcement Bureau - Police Department CASE #06-0012487 762 South Edgemon Avenue Concetta T. Sestito Tenant: Douglas A. Hutchinson Tenant: Kathy Ervin Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.12 Code Enforcement Bureau - Police Department CASE #06-0012493 609 Bonita Road Albert J. And Elaine C. Alberti Tenant: Kevin Johnson Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 24, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA M IN UTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 9 OF 20 PUBLIC HEARINGS - NEW CASES 202.13 Code Enforcement Bureau - Police Department CASE #06-0012502 121 North Devon Avenue Walter R. Drake Sr. And Eva M. Drake And Angela M. Dantona Et Al Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.14 Code Enforcement Bureau - Police Department CASE #06-0012502 121 North Devon Avenue Walter R. Drake Sr. And Eva M. Drake And Angela M. Dantona Et Al Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.15 Code Enforcement Bureau - Police Department CASE #06-0012511 870 Benchwood Drive Nilda Colon Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery August 23, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 10 OF 20 PUBLIC HEARINGS - NEW CASES 202.16 Code Enforcement Bureau - Police Department CASE #06-0012546 220 North Fairfax Avenue Marcia Vargas Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 24, 2006 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.17 Code Enforcement Bureau - Police Department CASE #06-0012547 1714 Seneca Boulevard Ngozika Nwaneri Jr. Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 22, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.18 Code Enforcement Bureau - Police Department CASE #06-0012559 1106 Duncan Drive Anthony Russo Section 6-195. (Fence In Disrepair) Date Of Service: Certified - "Unclaimed" August 30, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE II OF 20 PUBLIC HEARINGS - NEW CASES 202.19 Code Enforcement Bureau - Police Department CASE #06-0012561 1238 Cheetah Trail David A. Zammit Tenant: Richard Hayward Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery August 24, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.20 Code Enforcement Bureau - Police Department CASE #06-0012569 630 Murphy Road Samantha Murgatroyd Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery August 25, 2006 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.21 Code Enforcement Bureau - Police Department CASE #06-0012585 212 South Cortez Avenue Danis And Michelle D. Adams Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery August 25, 2006 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- SEPTEMBER 19,2006 PAGE 12 OF 20 PUBLIC HEARINGS - NEW CASES 202.22 Code Enforcement Bureau - Police Department CASE #06-0012625 1111 Oscelot Trail Laura M. Pollard Section 6-195. (Fence In Disrepair) Date Of Service: Certified - N/A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.23 Code Enforcement Bureau - Police Department CASE #06-0012650 1135 Duncan Drive EI-Sayed M. Mansour Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery August 29, 2006 Inspector - Jose Romero Inspector Romero stated, "Was Cited on July 13, 2006 and issued a Notice of Violation. This property failed re-inspection on July 31, 2006 and again on August 20, 2006. The property is vacant. Date of service was Certified, August 24, 2006. Currently, it is not in Compliance. We are asking for Finding of Fact and Relief [Order]." Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS EL-SA YED M. MANSOUR, CASE NUMBER 06-0012650. 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: THAT [EL-SAYED M. MANSOUR] 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 - SEPTEMBER 19,2006 PAGE 13 OF 20 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. THEREFORE, I MOVE THAT THIS BOARD FIND THAT EL-SAYED M. MANSOUR HAS VIOLATED SECTION 13-2. [(UNTENDED GRASS AND WEEDS)] OF THE CITY CODE AND A JUDGMENT OF 'GUlL TY' 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 VICE CHAIRMAN ROERO. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PITTS: AYE BOARDMEMBERCRENSHAW: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS EL-SA YED M. MANSOUR, CASE NUMBER 06-0012650 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. [(UNTENDED GRASS AND WEEDS)] OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICA TION TO CORRECT THIS VIOLATION OF THE CITY CODE. [EL- SAYED M. MANSOUR] - IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME 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 - SEPTEMBER 19,2006 PAGE 14 OF 20 FURTHERMORE, [EL-SA YED M. MANSOUR], 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 CRENSHAW. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN : AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER CRENSHAW: AYE AL TERNA TE BOARD MEMBER MOORE: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. Chairman Matisak stated, "Point of Order" and spoke of the previous Relief Order. Tape I/Side B Regarding the Motion for Maintenance at "71 North Bombay Avenue", Chairman Matisak stated, "I am curious if - we stated in there that we are going to collect payment for the services of the landscaping that is going to be performed." Chairman Matisak added, "I would think that it would need to be in the Order. Because otherwise, how would the individual then - how would we impose that as being - their Fine?" Captain Tolleson stated, "I will bring that back to the Board as an additional Agenda Item - what the amount was." Chairman Matisak said, "Okay." Chairman Matisak stated, "Do I have a Consensus from the Board on that?" There were no Objections from the Board Members. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 15 OF 20 PUBLIC HEARINGS - NEW CASES 202.24 Code Enforcement Bureau - Police Department CASE #06-0012671 1005 Gator Lane Armando Delacruz Trustee FBO 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. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 Code Enforcement Bureau - Police Department CASE #03-0003080 765 South Edgemon Avenue Theresa Nicosia Trustee FBO Theresa A. Nicosia Section 12-53. (a)(b) And 20-433. (Disabled Motor Vehicle) Date Of Service: Certified - Proof Of Delivery August 31, 2006 Inspector - Jose Romero Captain Tolleson presented this Case and stated, "This Case was originally heard before this Board on August 20, 1996. The Board found that Theresa Nicosia Trustee FBO, Theresa A. Nicosia was not in Compliance that night. In the Boards Order, it stated that any 'Future Violation would impose a Fine of Two Hundred Dollars ($200.00) - for each Violation until Compliance is achieved'. Certified Notice was sent and signed for on August 31, 2006. The property currently is in Compliance. Weare asking for Relief in the amount eight thousand, six hundred dollars ($8,600.00) based at two hundred dollars ($200.00) for forty-three (43) days of Non- Compliance starting July 18, 2006 through August 29, 2006." Discussion. Chairman Matisak noted for the Record that no one was present on behalf of the Respondent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 16 OF 20 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS THERESA NICOSIA TRUSTEE FBO THERESA A. NICOSIA, CASE NUMBER 03-0003080. 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. THAT [THERESA NICOSIA TRUSTEE FBO THERESA A. NICOSIA] HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND 'GUILTY' OF VIOLATING SECTION 12-53. (a)(b) AND 20-433. (DISABLED MOTOR VEHICLE) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATIONS. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH HAVE BEEN PROVIDED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE THAT THE FINE OF EIGHTY-SIX HUNDRED DOLLARS ($8,600.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING ~ SEPTEMBER 19,2006 PAGE 17 OF 20 PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.2 Code Enforcement Bureau - Police Department CASE #04-0007006 1309 Deer Run Ivory Wise Jr. And Robert Wise Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery August 30, 2006 Inspector - Jose Romero Inspector Romero presented this Case and stated, "This Case was originally heard before this Board on January 18,2005 and a Judgment of 'Guilty' was Ordered for the Record. The Board Ordered that any and all future reoccurrences of this Violation will be considered a Repeat Offense. The Board so Ordered that a 'Fine for a Repeat Violation will be One Hundred Dollars ($100.00) per day, beginning the first day the Repeat Violation is found to exist' . Certified Notice was sent on August 30, 2006. The property is in Compliance. We are asking for Relief in the amount nine thousand, one hundred dollars ($9,100.00) based at one hundred dollars ($100.00) for ninety-one (91) days of Non-Compliance starting June 14,2006 through September 12, 2006." Discussion. Ms. Bea Wise, 1309 Deer Run, Winter Springs, Florida: commented on the Title for the vehicle. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS IVORY WISE JR. AND ROBERT WISE, CASE NUMBER 04-0007006. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND - MR. WISE'S REPRESENTATIVE, AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT SUFFICIENT EVIDENCE EXISTS TO CEASE THE ENFORCEMENT OF THIS FINE BASED ON THE FOLLOWING: 1. THA T [IVORY WISE JR. AND ROBERT WISE] HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WERE FOUND 'GUILTY' OF VIOLATING SECTION 12-53. [(a)(b)] (UNLICENSED MOTOR VEHICLE) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING~ SEPTEMBER 19,2006 PAGE 18 OF20 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. 3. THAT THE RESPONDENT HAS SUFFICIENT PROOF THAT EXTENUATING CIRCUMSTANCES EXISTED THAT PREVENTED THE - RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE THAT THE FINE OF NINETY-ONE HUNDRED DOLLARS ($9,100.00) BE WAIVED AND THE CITY IMMEDIATELY CEASE THE ENFORCEMENT OF THE FINE." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. CHAIRMAN MATISAK STATED, "THE MOTION SHOULD BE AMENDED TO INCLUDE SECTIONS (a) AND (b)." SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) BOARDMEMBERCRENSHAW: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. VOTE: (ORIGINAL MOTION, AS AMENDED) CHAIRMAN MA TISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. None CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 19 OF 20 CONSENT AGENDA CONSENT 400. Office Of The City Clerk Chairman Matisak asked, "Can I have Approval of the July 18, 2006 Regular Meeting Minutes?" "I MAKE A MOTION." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. CHAIRMAN MATISAK STATED, "IN THE MINUTES, IT REFERS TO 'ADVISORY BOARD'." CHAIRMAN MATISAK ADDED, "I DID WANT TO RAISE THE ISSUE THAT UNLIKE THE OTHER BOARDS - WE ARE NOT OVERSEEN BY CITY CODE. THIS BOARD IS STRUCTURED BY STATE STATUTE AND IT IS DEFINED AS A CODE BOARD." Tape 2/Side A VOTE: VICE CHAIRMAN ROERO: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN MA TISAK: NAY MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. None Tape 2/Side A 600. REPORTS Captain Tolleson stated, "The 'Pool enclosure' Case in Bear Creek [Estates] was Appealed to the Circuit Court. They will withdraw their Appeal if we withdraw the Fine. However, if they are not happy with that, they can go to the City Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 19,2006 PAGE 20 OF 20 Then, Captain Tolleson stated, "The Code Class will be in October [2006]." Alternate Board Member Sherri Moore noted that she will attend the Class. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT Chairman Matisak adjourned the Meeting at 9:00 p.m. RESPECTFULLY SUBMITTED: IJM~ ~ ~/ - DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the October 17.2006 Code Enforcement Board Regular Meeting.