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HomeMy WebLinkAbout2007 03 20 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 20, 2007 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, March 20, 2007, 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 Chairperson Alisa Kaufman, present Board Member Dick Crenshaw, present Board Member James B. Pitts, present Board Member Greg Roero, 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 Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "Tonight we'll be hearing [Agenda Items] 202.5 and 202.6. These two (2) particular cases are on the same property, but different tenants. We'll go through each of them, but remember they are the same property owner." Captain Tolleson continued, "The same with [Agenda Items] 207, 208, and 202.9. All three (3) are the same owner; we can go through them all at the same time -but, they are also the same property owner." Captain Tolleson remarked, "The tenant from [Agenda Item] 202.5 is here and [Agenda Items] 202.7, 8 and 9 is present this evening." Deputy City Clerk Joan L. Brown swore in those persons who may be providing testimony during the presentation of tonight's cases. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 2 OF I6 PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 200.1 Not Used. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS -REPEAT CASES 201.1 Not Used. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 202.1 Code Enforcement Bureau -Police Department CASE #06-0011963 614 Alton Road Benjamin And Jacqueline Jimenez Section 6-46. (No Building Permit -Laundry Room) Date Of Service: Certified -March 6, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 202.2 Code Enforcement Bureau -Police Department CA5E #06-0012277 203 Bennett Street Brian E. And Kimberly A. Bourgeois Section 12-53 (a)(b) (Unlicensed Vehicle) Date Of Service: Certified -March b, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 3 OF 16 PUBLIC HEARINGS -NEW CASES 202.3 Code Enforcement Bureau -Police Department CASE #07-0013631 704 Sailfish Road Brian McArdle Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -March 6, 2007 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 202.4 Code Enforcement Bureau -Police Department CASE #07-0013738 1007 Taproot Drive Jonathan M. And Jessica M. Yasko Tenant: David Frazier Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified -March 6, 2007 -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 202.5 Code Enforcement Bureau -Police Department CASE #07-0013745 310 East SR (State Road) 434 Venetian Enterprises, LLC Tenant: Dollar General Section 13-2. And 13-3. (Trash & Debris And Duty of Owner(s) Of Building) Date Of Service: Certified -March 6, 2007 Inspector - Cathv Davidson Ms. Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department presented this Agenda Item and stated, "This property was cited on January 25t", 2007 and issued a notice of Violation warning. This property failed re-inspection on February 1St, 2007. Certified mail was sent on February 6th, 2007 and in return, unclaimed on February 12t", 2007. First Class mail was sent on February 12t1', 2007 and returned on February 20t", 2007. Property was posted March the 9th, 2007. Respondent has not contacted us to date for re-inspection. Currently is not in Compliance and we are asking for Finding of Fact and Relief [Order]." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 4 OF 16 Captain Tolleson passed out copies of the Section 9-281. and Section 13-3. of the City Code. Chairman Matisak spoke for the Record about the documents distributed; to which Code Enforcement Inspector Davidson explained what the documents related to. Captain Tolleson stated, "Due to the property being sold to the new owner and on-going site plan problems, the Development Agreement has lapsed. The owner at first wasn't going to go forward with the Development Agreement; which includes the wall, dumpster enclosures, and the monument sign that's not out front, but you actually have a pole sign. It's also all wrapped up into that Development Agreement. They are coming back now, as of Monday, trying to get that Development Agreement re-instated and back in front of Commission. Now, it's not going to have any bearing tonight on the wall or the sign. The dumpster enclosures are part of that, but it should be held as a stand alone Item this evening due to the fact that -they're open." Captain Tolleson said, "There's several complaints about the dumpsters. Lids are never on them, the trash is over in neighbors' yards. And that's why that particular part of that is here tonight." Regarding Representative for Dollar General, Captain Tolleson continued, "Also, bear in mind that she's not with Venetian [Enterprises], LLC. She's Dollar General. - So, she's only a Tenant. So, -when we talk about dumpsters, that's the Property Owner; [Section] 13-3. is the Property Owner as well the Tenant. I just wanted you all to be clear on where that -part of that is." Chairman Matisak said, "So, [Agenda Item] 202.5 is a case against the Owner -and Tenant?" Captain Tolleson answered, "That is correct." Chairman Matisak continued, "However, the enforcement still is only going to be up against the Owner, correct, of the Property?" Captain Tolleson said, "It will -and that's why I'm speaking out, had that conversation with the Owner. He says it's the Tenant's problem, not his problem." Captain Tolleson continued, "I explained to him that State law says it's the Property Owner, and yes, we can do the Tenant because they're currently leasing the space; can be held accountable." Chairman Matisak asked, "So, -that liability can be passed through the lease?" Captain Tolleson replied, "That is correct." Chairman Matisak said, "Okay. And that is the case here?" Captain Tolleson replied, "And that is the case here." Chairman Matisak asked, "Is there a lease that does specifically outline that or does any generic lease automatically add that in?" Captain Tolleson replied, "It's pretty much in any generic lease with a commercial property -that any enforcement actions taken upon the property is your responsibility." Chairman Matisak commented, "And [Agenda Item] 202.6, then is solely the Owner." Captain Tolleson remarked, "That's correct." Chairman Matisak asked, "And that's the reason why we split them up?" Captain Tolleson said, "Yes." CITY OF W[NTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR M FETING -MARCH 20, 2007 PAGE 5 OF 16 Ms. Davidson displayed a PowerPoint presentation with photographs of the Dollar General store. Board Member Jim B. Pitts said, "If we are going to single out Dollar General because they are the largest offender, so be it. But if there are others that are in the same building and the same block if you will, that have debris at all out in the back, then I think all of them should be here." Captain Tolleson stated, "And eventually they will all make it here." Ms. Cherie Amos, District Manager, Dollar General Stores, 310 East State Road 434, Winter Springs, Florida: stated, "I have made it absolutely clear to my team members that we need to make sure that once we walk outside the door, that we check it every single day. I've had additional trash pick ups scheduled for the store to try to minimize the problem that we're having. And I have also requested larger trash dumps." Ms. Amos continued, "That is something that I've contacted my corporate office to ensure that we get larger trash dumps and possibly something that has locks on it so that the lids can't be opened." Discussion. Regarding the Roll Balers, Ms. Amos remarked, "What we've done, even today, in the stock room at our store is we tried to condense down our merchandise so that we can actually store those inside the building versus outside." Ms. Amos continued, "They're not in there right now, but I know by the end of day, once they finish the product that's inside, they're be able to fit them inside." Board Member Pitts asked, "Captain Tolleson, are those racks outside objectionable?" Captain Tolleson replied, "Yes, sir, they're not allowed to be out there?" Board Member Pitts asked, "Why, may I ask, if it is not trash?" Captain Tolleson said, "That would make it open storage and it's not authorized." Captain Tolleson stated, "It's open storage by the Code." Captain Tolleson commented, "Ms. Amos has said that it is cleaned up. I just want the Board to realize, that picture was taken Monday at 11:51 a.m. So, if it was, it was today. That was the final inspection." Board Member Jim Wentz asked, "Has the rest of this stuff been cleaned up?" Ms. Amos stated, "All of the debris has been cleaned up." Captain Tolleson said, "I have not been out there. I would take her testimony. I would accept her testimony at least." Ms. Amos remarked, "The balers, which are all the big strapped cardboard, they're picked up once we get a quantity. And that cannot be stored inside; that has to be outside the building. We can't store those huge bails inside the building." Further discussion. Chairman Matisak asked, "Captain Tolleson, is that outside storage?" Captain Tolleson replied, "Technically, by the Code, yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 6 OF 16 Regarding the wall being built behind the Dollar General, Captain Tolleson commented, "Just so you know, they were actually working on the footers this week. They were getting them poured. So, the wall will go up; complaints will stop. Typically, this could be something we could bring up at the Development Agreement with the new Owner; to provide some other area for that." Board Member Wood asked Ms. Amos, "You came in and you took care of this today - you aren't going to be able to inspect it everyday. How are we going to be sure that there is that clean-up at the end of each day?" Ms. Amos replied, "I have a new team in the store and we're starting them off the right way the first time around. And so, literally today, with my team that I have in there, I physically walked them outside the building; let them know of the issues that are on-going in the store and what the standards are. And so, my ability to raise the standards so that we won't have this problem is already implemented." Board Member Wood said, "Great. So, accountability is in place." Board Member Pitts asked, "Captain Tolleson, would - I be correct in assuming that you would consider that they are currently not in violation of the City Code as of today, after the testimony you've heard?" Captain Tolleson replied, "Based on testimony, I would." Regarding Captain Tolleson going to the Dollar General, Captain Tolleson said, "I did not go out there." Discussion. Board Member Pitts commented, "If that is the case, I would think that - it had been corrected as of the Hearing." BOARD MEMBER PITTS SAID, "SO MOVED. I MOVE THAT WE MAKE A MOTION THAT THE VIOLATION IS FOUND TO HAVE OCCURRED GUILTY AND IT IS CORRECTED AS OF THE HEARING." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. CHAIRMAN MATISAK COMMENTED, "I STILL THINK THERE'S A PROPERTY OWNER ISSUE HERE." VICE CHAIRPERSON KAUFMAN AGREED, "RIGHT. FURTHER DISCUSSION. CHAIRMAN MATISAK SAID, "IF I UNDERSTAND CORRECTLY -THE MOTION IS TO -FIND -GUILTY, BUT IT HAS BEEN CORRECTED AS OF THIS HEARING." BOARD MEMBER PITTS COMMENTED, "CORRECT." CHAIRMAN MATISAK ASKED, "IN YOUR MOTION, ARE YOU STILL LOOKING FOR - A PAGE 7 READING?" BOARD MEMBER PITTS REPLIED, "YES." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 7 OF 16 FINDING OF FACT "THE CITY OF WINTER SPRINGS VERSUS DOLLAR GENERAL AND VENETIAN ENTERPRISES, LLC, CASE NUMBER 07-0013745. AFTER HEARING SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND M5. [CHERIE~ AMOS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: 1. THAT DOLLAR GENERAL WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE TO SECTION 2-59. OF THE CITY CODE, THAT A VIOLATION OF SECTIONS 13-2. AND 13-3. TRASH AND DEBRIS AND THE DUTIES OF THE OWNERS OF THE BUILDING 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 THE RESPONDENT WAS PRESENT AT THIS HEARING. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY FOR, HOW MANY DAYS CAPTAIN TOLLESON? - FOR A NUMBER OF DAYS, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THE BOARD FIND DOLLAR GENERAL HAS VIOLATED SECTIONS 13-2. AND 13-3. OF THE CITY CODE AND WILL BE CONSIDERED; AND A JUDGMENT OF GUILTY BE ORDERED FOR THE RECORD AND THAT THE BOARD RECOGNIZE THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENT IS HEREBY NOTIFIED THAT ANY FURTHER VIOLATIONS OF SECTIONS 13-2. AND 13-3. OF THE CITY CODE WILL BE CONSIDERED A REPEAT VIOLATION. A REPEAT VIOLATION IS FOUND TO EXIST, A FINE WILL BE IMPOSED IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) PER DAY PER VIOLATION BEGINNING ON THE FIRST DAY OF THE VIOLATION -HAS BEEN FOUND TO EXIST. AS THE RESPONDENT IS PRESENT AT THIS HEARING, AND HAS HEARD THE ORDER OF THE BOARD, I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER PITTS. CHAIRMAN MATISAK NOTED, "WE ARE STAYING WITH THE ORIGINAL MOTION, WHICH WAS SECONDED BY BOARD MEMBER CRENSHAW." DISCUSSION. CITY OF W'1NTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- MARCH 20, 2007 PAGE S OF I6 VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON KAUFMAN: NAY CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: NAY MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 202.6 Code Enforcement Bureau -Police Department CASE #07-0013746 260 East SR (State Road) 434 Venetian Enterprises, LLC Section 13-2. (Trash And Debris) Section 13-3. (Duty Of Owner(s) Of Building) Section 9-281. (Dumpster Enclosure) Section 20-486. (14)(1) (Prohibited Sign -Pole) Date Of Service: Certified -March 9, 2007 "Unclaimed" Inspector - Cathv Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS- NEW CASES 202.7 Code Enforcement Bureau -Police Department CASE #07-0013816 114 South Edgemon Avenue Praari Hohman Section 20-431. And 20-432. (Commercial Vehicle -Box Truck) Date Of Service: Certified -March 6, 2007 Inspector -Cathy Davidson Ms. Davidson presented this Case and said, "Case Number 07-0013816 -was sited on February 5th, 2007 and issued a Notice of Violation. This property failed re-inspection on February 27th, 2007. Notice was posted on March 9th, 2007, giving the Property Owner an additional three (3) days to correct. Currently, it is in Compliance and we are asking for Finding [of Fact]." Tape 1/Side B A PowerPoint presentation was displayed regarding this Case. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 9 OF 16 Mr. Fernando Sanchez, 114 South Edgemon Avenue, Winter Springs, Florida: spoke about the reason the box truck was left at the house. Board Member Wood asked, "So, you didn't contact anyone, is that correct Mr. Sanchez?" Mr. Sanchez replied, "Right." Regarding in which order the Cases are being heard, Captain Tolleson stated, "The Commercial Vehicle is separate. The next two (2) are combined." "I WILL MAKE A MOTION WHERE THE VIOLATION IS FOUND TO HAVE OCCURRED AND CORRECTED AS OF THE HEARING." MOTION BY BOARD MEMBER KAUFMAN. FINDING OF FACT "THE CITY OF WINTER SPRINGS VERSUS PRAARI HOHMAN, CASE NUMBER 07-0013816. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING I FIND THE CODE ENFORCEMENT OFFICER HAS PROVEN 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 THAT A VIOLATION OF SECTIONS 20-431. AND 20-432. COMMERCIAL VEHICLE BOX TRUCK 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. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY FOR TEN (10) DAYS, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT PRAARI HOHMAN HAS VIOLATED SECTIONS 20-431. AND 20-432. COMMERCIAL VEHICLE BOX TRUCK OF THE CITY CODE AND A JUDGMENT OF GUILTY BE ORDERED FOR THE RECORD AND THAT 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 -MARCH 20, 2007 PAGE 10 OF 16 FURTHERMORE, THE RESPONDENT ARE HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS OF SECTIONS 20-431. AND ZO-432. COMMERCIAL VEHICLE BOX TRUCK 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 TWO HUNDRED ($200.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST." MOTION BY VICE CHAIRPERSON KAUFMAN. CHAIRMAN MATISAK STATED, "SECONDED BY BOARD MEMBER WEISMAN." DISCUSSION. BOARD MEMBER WENTZ SUGGESTED, "YES, I THINK WE SHOULD TRY - BUT IN THE PAST WE'VE GONE WITH A HUNDRED DOLLARS ($100.00) A DAY FOR A COMMERCIAL VEHICLE VIOLATION ON A REPEAT VIOLATION, NOT TWO HUNDRED ($200.00). BUT OBVIOUSLY, THAT IS OPEN FOR SUGGESTION." CHAIRMAN MATISAK COMMENTED, "I WOULD CONCUR WITH THAT. I THINK WE MIGHT BE A TAD STEEP THERE." VICE CHAIRPERSON KAUFMAN SAID, "AND THAT IS FINE WITH ME TOO." "I WILL MAKE A MOTION TO AMEND THE AMOUNT OF FINE TO BE IMPOSED FOR A REPEAT VIOLATION TO BE ONE HUNDRED DOLLARS ($100.00) PER DAY INSTEAD OF THE TWO HUNDRED DOLLARS ($200.00) PER DAY." AMENDMENT TO THE MOTION BY BOARD MEMBER WENTZ. CHAIRMAN MATISAK ADDED, "SECONDED BY BOARD MEMBER ROERO." DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAUFMAN: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRPERSON KAUFMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 11 OF I6 PUBLIC HEARINGS-NEW CASES 202.8 Code Enforcement Bureau -Police Department CASE #07-0013817 114 South Edgemon Avenue Praari Hohman Section 13-2. (Junk -Appliances) Date Of Service: Certified -March 6, 2007 Inspector -Cathy Davidson Ms. Davidson presented this Agenda Item and stated, "This property was cited on February 5th, 2007 and issued a Notice of Violation. This property failed re-inspection on February 27th, 2007. Notice was posted on March 9th, 2007 giving the Property Owner an additional three (3) days to correct. Currently it is in Compliance and we are asking for Finding of Fact and the copies that are being handed out has to do with home based business and whether or not they have Occupational License." A PowerPoint presentation shown of property site. Mr. Fernando Sanchez, 114 South Edgemon Avenue, Winter Springs, Florida: spoke on the appliances and explained why they were there. Discussion. Mr. Sanchez stated, "As of March 9t1i [2007] the house has been cleared up. No signs, no cars, no nothing." Captain Tolleson said, "Then you were still in Violation as of the Notice." Captain Tolleson asked, "Were you still in Violation March the 9tl' [2007]?" Mr. Sanchez, "Yes." Discussion. "I MOVE THAT THE CASE BE FOUND IN VIOLATION AS - A VIOLATION HAS OCCURRED AND HAS BEEN CORRECTED AS OF THE HEARING." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. FINDING OF FA CT "THE CITY OF WINTER SPRINGS VERSUS PRAARI HOHMAN, CASE NUMBER 07-0013817. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING. C1TY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 12 OF 16 1. THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, THAT A VIOLATION OF SECTIONS 13-2. AND 10-26. 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. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY SINCE FEBRUARY 9th, FEBRUARY St", 2007, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THE BOARD FIND THAT MS. PRAARI HOHMAN HAS VIOLATED SECTIONS 13-2. AND 10-26. OF THE CITY CODE AND A JUDGMENT 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 13-2. OR 10-26. 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 ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST." CHAIRMAN MATISAK NOTED, ~°MOTION ON THE FLOOR BY BOARD MEMBER PITTS. READ BY -VICE CHAIRPERSON KAUFMAN; AND IT WAS SECONDED BY -BOARD MEMBER WENTZ." DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRPERSON KAUFMAN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 13 OF 16 PUBLIC HEARINGS-NEW CASES 202.9 Code Enforcement Bureau -Police Department CASE #07-0013817 114 South Edgemon Avenue Praari Hohman Section 10-26 (No Occupational License -Sale Of Appliances) Date Of Service: Certified -March 6, 2007 Inspector -Cathy Davidson This Agenda Item was heard with Agenda Item 202.8. PUBLIC HEARINGS AGENDA -NON-COMPLIANCES CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 203.1 CASE #04-0007008 1309 Deer Run Ivory Wise Jr. And Robert Wise Section 13-2. (Untended Grass And Weeds) Date of Service: Certified -Proof of Delivery March 8, 2007 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. REGULAR AGENDA REGULAR 300. Not Used. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The February 20, 2007 Regular Meeting Minutes. Chairman Matisak asked, "Can I have a Motion?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBERS WEISMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 14 OF 16 VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON KAUFMAN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. 600. REPORTS Discussion on format of Reports to be done from the future. Board Member Kaufman stated, "I would like -perhaps to have -maybe three (3) Finding of Fact and Relief and Order scripts available so in case some of us get held up at the office and what not and can't get home to get them. They are available for us just to borrow just for that night and we turn them back in that same night." Continuing, Board Member Kaufinan, "For some reason, I did not receive anything in the mail this time." Board Member Kaufman asked, "Is there any way to have it send to my P.O. (Post Office) Box to make sure I get it from now on." Deputy Clerk Brown commented, "We'll verify your address." Chairman Matisak reiterated, "We have arequest - to have -three (3) additional books created - as spares, in case a Board Member does not have them or forgets them." Chairman Matisak continued, "Is there any discussion on that?" Chairman Matisak asked, "Is there anyone opposed? Okay, seeing none, if the Clerk can go ahead and have three (3) of these books created for our next Meeting and -we'll just bring those at each Meeting in case somebody forgets." Discussion ensued on the Tolia Case. Board Member Wood commented, "Captain Tolleson was going to have a class for us in October." Captain Tolleson said, "And I'm still trying." Board Member Wood asked, "So, maybe in the Fall?" Captain Tolleson replied, "No, you will have it before Summer." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- MARCH 20, 2007 PAGE l5 OF l6 Captain Tolleson addressed his appreciation to the Board regarding the Tolia Case. Discussion ensued on Correction dates. Tape 2/Side A With discussion on some of tonight's Cases, Board Member Kaufinan suggested, "In our books, we are saying up here for these motions, and I know they are a guideline to use, but if the wording of the guideline throws you off, then you are thrown off. And in here it is saying - `motion where violation has found to have existed as of this hearing'. Maybe what we need to do `as of this correction date' would be more accurate then." Discussion. Board Member Kaufinan said, "So, maybe, either `A', we should all take our papers out and write `as of correction date'. Literally write it down there so next time we know, that that is what we are going by. So, when we hear these dates, that is what we are going by." Further discussion. Board Member Pitts commented, "If we are going to change the rules of the road, we better do it in writing and have a legal attorney take a look at it." Captain Tolleson replied, "Florida Chapter 162 is written." Board Member Pitts remarked, "That is true, but we have never done it that way and so a lot of people can come back at us." With discussion, Chairman Matisak said, "Chapter 162 provides that as a Board, we can do virtually anything in order to enforce. And - it is very liberal as to what those powers are. And - we have been consistent in how we handle ourselves in terms of how we issue Finding of Facts and Order of Relief. And I think that is good. Discussion ensued on Correction dates. Chairman Matisak spoke for the Record regarding Board Members voting the way they feel they should. Regarding the way the Board handles Relief Orders, Captain Tolleson stated, "I think you're doing a wonderful job." Captain Tolleson continued, "I don't want to the Board to get hung up on `as of tonight' because tonight maybe three (3) months later and their typically always going to be corrected tonight." With further comments, Captain Tolleson continued, "We should do abetter job of saying to you, `Here's their correction date. They didn't correct it by that date and that's why we're here tonight irregardless of what tonight is." Board Member Wentz commented, "I would agree with that in general." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 20, 2007 PAGE 16 OF 16 With further discussion, regarding Correction dates, Chairman Matisak remarked, "I think then we may want to spell that out a little bit clearer then." Chairman Matisak reminded the Board of the Board Appreciation Dinner on Saturday, April 28th, 2007. Discussion ensued on the Morrison Homes signs at Parkstone. Lastly, discussion ensued on the Winter Springs Golf Course. FUTURE AGENDA ITEMS None. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:54 p.m. RESPECTFULLY SUBMITTED: r ~~~~~ , ,~~ DA IELLE HARKER ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the April 17, 2007 Code Enforcement Board Regular Meeting.