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HomeMy WebLinkAbout2007 10 16 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 16, 2007 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, October 16, 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 Kamon, present Board Member Dick Crenshaw, present Board Member James B. Pitts, present Board Member Greg Roero, absent [Excused] Board Member Leah Weisman, arrived at 7:05 p.m. Board Member Jim Wentz, absent [Excused] Alternate Board Member Sherri P. Moore, present Alternate Board Member Laura-Leigh Wood, present Chairman Matisak stated for the Record that Board Member Jim Wentz's and Board Member Greg Roero's absences were excused. Continuing, Chairman Matisak remarked that due to the absences of Board Member Wentz and Board Member Roero that Alternate Board Member Sherri P. Moore and Alternate Board Member Laura-Leigh Wood would be in Voting capacity tonight. Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "Yes, Sir, there is. Tonight we'll be hearing [Agenda Item] 502.4; [Agenda Item] 502.13; [Agenda Item] 502.16; and [Agenda Item] 502.17." Ms. Danielle Harker, Assistant to the City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 2 OF 23 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The August 21, 2007 Regular Meeting Minutes. Chairman Matisak said, "Board Member Dick Crenshaw; his absence was `Excused'." "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. Board Member Leah Weisman arrived at 7: OS p. m. Chairman Matisak asked, "Can I get a Motion to Approve the -Minutes as Amended?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -0CTOBER 16, 2007 PAGE 3 OF 23 REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401.Office Of The City Clerk No Report. REPORTS 402. Code Enforcement Chair Chairman Matisak commented, "In reference to -the Code Enforcement Rule Book, that we discussed in the previous Meeting; we'll be working on that with the Clerk over this next month and bring that to the Board for the next Meeting." Chairman Matisak continued, "So, please be prepared for that regardless if there are Cases to be brought; we will have that Meeting so that we can try to have that Approved before the beginning of the new year; since the new year is typically when we do most of our procedural Voting. So, we'll try to get that Case Book approved. So, I'll have that ready for you next -Session." REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 4 OF 23 PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 500.1 Not Used. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS -REPEAT CASES 501.1 Not Used. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS- NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #07-0014583 1019 Chokecherry Drive Sandra E. Brewer Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -Proof Of Delivery September 28, 2007 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #07-0014790 704 Sailfish Road Brian McArdle Section 13-2. (Junk -Outdoor Storage) Date Of Service: Certified -September 27, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 5 OF 23 PUBLIC HEARINGS -NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #07-0014832 201 North Devon Avenue Louis E. Garcia Section 12-53. (a)(b) (Disabled Motor Vehicle) Date Of Service: Certified -September 27, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #07-0014850 204 South Moss Road Kenneth G. And Samantha Furboter Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -October 4, 2007 Inspector -Cathy Davidson Inspector Cathy Davidson, Code Enforcement Officer, Police Department, presented this Agenda Item and stated, "A Notice of Code Violation was issued on August 2, 2007. The Property was re-inspected on August 20th [2007], August 29th [2007], September 13th [2007], October lsc [2007], October 12th [2007] and October 16, 2007. The Respondent has not made any contact and we're asking for Finding of Fact and Relief [Order]." Photos were shown of this Property. Inspector Davidson commented, "The house appears to be Vacant." Chairman Matisak stated, "Let the Record reflect that the Respondent was not present for this Hearing." "THE CITY OF WINTER SPRINGS VERSUS KENNETH G. AND SAMANTHA FURBOTER, CASE NUMBER 07-0014850. 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 HER CASE BASED ON THE FOLLOWING: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 16, 2007 PAGE 6 OF 23 FINDING OF FACT: THAT THE RESPONDENTS WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 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 CONTINUED TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT KENNETH G. AND SAMANTHA FURBOTER HAS VIOLATED SECTIONS 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE AND THE 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 VICE CHAIRPERSON KAMON. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Discussion ensued on the Relief Order for this Case. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 7 OF 23 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS KENNETH G. AND SAMANTHA FURBOTER, CASE NUMBER 07-0014850 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTIONS 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS 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. FURTHERMORE, ANY OR 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 TIMEFRAME SET FORTH BY THIS BOARD." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY ALTERNATE BOARD MEMBER WOOD. DISCUSSION. CAPTAIN TOLLESON RECOMMENDED, "AS WE'VE ALREADY MADE IT AWARE, THEY DON'T PICK UP CERTIFIEDS. SO WE'RE GOING TO HAVE TO POST IT AND WE'RE GOING TO HAVE TO CUT IT. I THINK -SHOULD AMEND THAT - MOTION TO JUST LET THAT STICK." DISCUSSION. CONTINUING, CAPTAIN TOLLESON SAID, "THIS MEANS AFTER THE FIVE (5) DAYS IF IT'S NOT CUT, THE FINE STANDS AT FIFTY DOLLARS ($50.00) A DAY. I CUT IT AND THEN THAT -ALSO WILL BE RE-ACCESSED TO THE PROPERTY." CHAIRMAN MATISAK ASKED, "WHAT'S THE COST TO THE BUREAU TO HAVE IT MOWED?" CAPTAIN TOLLESON REPLIED, "UNDER THE CURRENT CONTRACT, IT'D BE SEVENTY DOLLARS ($70.00)." FURTHER DISCUSSION. CAPTAIN TOLLESON STATED, "IT IS VACANT." DISCUSSION CONTINUED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 8 OF 23 "I WOULD LIKE TO SEE IF WE CAN PUT IN A MOTION THEN THAT THE CITY WILL GO IN AND CUT IT, BUT UNTIL SUCH TIME AS HE PAYS -REIMBURSES THE CITY FOR THE CUTTING THAT HIS FINE CONTINUE AT THE FIFTY DOLLARS ($50.00) A DAY UNTIL HE REIMBURSES US FOR HIS WORK." MOTION BY BOARD MEMBER CRENSHAW. MOTION DIED FOR LACK OF A SECOND. FURTHER DISCUSSION. "I MAKE A MOTION TO AMEND THE RELIEF ORDER TO CHANGE TO HAVING THE CITY MOW THE LAWN IF THE PROPERTY IS NOT BROUGHT INTO COMPLIANCE WITHIN FIVE (5) DAYS OF THIS DATE OR THE DATE THAT ITS POSTED." MOTION BY ALTERNATE BOARD MEMBER MOORE. CHAIRMAN MATISAK ASKED, "ARE WE ALSO GOING TO ASSOCIATE THE COST TO THE HOMEOWNER?" ALTERNATE BOARD MEMBER MOORE REPLIED, "THE HOMEOWNER WILL BE ACCESSED THE COST FROM THE CITY FOR THE MOWING OF THE LAWN." CHAIRMAN MATISAK REITERATED, "AND THAT WILL BE DONE ON DAY SIX (6)?" ALTERNATE BOARD MEMBER MOORE COMMENTED, "DAY SIX (6)." CHAIRMAN MATISAK CONTINUED, "OR WHENEVER IS CONVENIENT FOR THE BUREAU." DISCUSSION. SECONDED BY ALTERNATE BOARD MEMBER WOOD. CHAIRMAN MATISAK REITERATED, "SO, WE HAVE STILL FIVE (5) DAYS TO COME INTO COMPLIANCE. AFTER FIVE (5) DAYS, CODE ENFORCEMENT BUREAU WILL MOW THE YARD; HAS AUTHORIZATION TO ENTER THE PROPERTY AND MOW THE YARD; AND THE HOMEOWNER WILL BE ACCESSED THE COST." BOARD MEMBER PITTS ASKED, "ARE YOU ALSO GOING ON THE BACKYARD TO MOW?" CAPTAIN TOLLESON REPLIED, "THAT'S CORRECT." VOTE: (ON THE AMENDMENT) VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: NAY BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: NAY CHAIRMAN MATISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 9 OF 23 VOTE: (ON THE MAIN MOTION AS AMENDED) ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: NAY BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: NAY CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: NAY MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #07-0014853 44 North Fairfax Avenue Orlando And Haydee Alcantara And Carlos Alcantara Section 6-165. (Broken Window) (Unsafe Building) Chapter 3 Minimum Standards Date Of Service: Certified -Proof Of Delivery October 5, 2007 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.6 Code Enforcement Bureau -Police Department CASE #07-0014880 1006 Fox Den Court John C. And Monica C. Boesen Section 9-374. (No House Numbers) Date Of Service: Certified -October 2, 2007 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.7 Code Enforcement Bureau -Police Department CASE #07-0015199 35 South Devon Avenue Joe Condello Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -September 27, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 10 OF 23 PUBLIC HEARINGS -NEW CASES 502.8 Code Enforcement Bureau -Police Department CASE #07-0015201 35 South Devon Avenue Joe Condello Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified -September 27, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.9 Code Enforcement Bureau -Police Department CASE #07-0015426 219 Buttonwood Avenue Claudio Alvarez And Carmen Emenegildo Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -October 3, 2007 "Unclaimed" Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.10 Code Enforcement Bureau -Police Department CASE #07-0015474 1019 Chokecherry Drive Sandra E. Brewer Section 13-2. (Junk -Outdoor Storage) Date Of Service: Certified -Proof Of Delivery September 28, 2007 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.11 Code Enforcement Bureau -Police Department CASE #07-0015483 60 2"d Street Sarah C. Vershure Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -September 27, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 11 OF 23 PUBLIC HEARINGS -NEW CASES 502.12 Code Enforcement Bureau -Police Department CASE #07-0015555 6 Gumtree Court Andres R. And Deidre M. Pipa Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified -Proof Of Delivery October 5, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.13 Code Enforcement Bureau -Police Department CASE #07-0015658 811 Leopard Trail Dawn Bishop Section 13-2. (Junk -Outdoor Storage) Date Of Service: Certified -September 27, 2007 Inspector -Cathy Davidson Inspector Davidson presented this Case and stated, "This Case was originally -sited on August 7, 2007. On August 21, 2007 was re-inspected and was not in Compliance on that date. The Property was re-inspected again on September the 21St [2007] and October 15, 2007 and was not in Compliance. The Property -currently is not in Compliance and we are asking for Finding of Fact and Relief [Order]." Photographs were shown of this Property. Discussion continued. Regarding Section 13-2., Inspector Davidson added, "The Ordinance also under Section (c) talks about any objectable material, unsightly substance or material that affects the welfare of the community." Chairman Matisak asked, "What items listed in your opinion objectable or unsightly?" Ms. Davidson replied, "The oversized trailer." Further discussion. Board Member James B. Pitts asked, "Did the Owner of the Property respond to you in any shape or form?" Inspector Davidson replied, "Yes. They're here also." Mr. Brent Krebs, 1115 Winter Springs Boulevard, Winter Springs, Florida: addressed the Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -0CTOBER 16, 2007 PAGE 12 OF 23 Captain Tolleson asked, "Did you allow Inspector Davidson on your Property to take these photographs?" Mr. Krebs replied, "I did." Captain Tolleson asked, "And is that what you view every evening from your home?" Mr. Krebs replied, "Yes, it is." Chairman Matisak asked, "You were sworn in this evening, correct?" Mr. Krebs replied, "Yes, I was." Next, Captain Tolleson said, "I would like to call Dawn Bishop who is the Property Owner of 811 [Leopard Trail, Winter Springs, Florida]." Chairman Matisak asked, "Ms. Bishop, have you been sworn in this evening?" Ms. Dawn Bishop replied, "Yes, Sir, I have." Ms. Dawn Bishop 811 Leopard Trail, Winter Springs, Florida: stated, "I also have brought pictures of my Property that I would like to share with you folks. Several pictures that were taken today and yesterday -from the front, to the back, to the side, to everything else." Chairman Matisak asked, "Captain Tolleson, is there any objection?" Captain Tolleson replied, "No, I have no objection to them." Discussion continued. Photographs that were provided by the Respondent were shown to the Code Enforcement Board Members. Regarding the vehicle in the Respondent's photos, Captain Tolleson asked, "Does that car have a license plate on it?" Ms. Bishop replied, "Yes, I believe it does." Further discussion. Ms. Bishop remarked, "I can park the trailer in a different part of the yard. Because my neighbors' next store -they don't mind." Captain Tolleson stated, "I object to that." Chairman Matisak asked, "What's your objection?" Captain Tolleson commented, "They're not here to provide that testament." Discussion continued. Chairman Matisak asked, "You mentioned that you have an Occupational License for your business. Which - of these vehicles that we see in the pictures that have submitted into Evidence this evening from Captain Tolleson, Inspector Davidson, are registered by your business?" Ms. Bishop replied, "I don't know the answer to that question." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE RECESS FOR -FIVE (5) MINUTES." MOTION BY CHAIRMAN MATISAK. SECONDED BY ALTERNATE BOARD MEMBER WOOD. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -0CTOBER 16, 2007 PAGE 13 OF 23 VOTE: ALTERNATE BOARD MEMBER WOOD: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE MOTION CARRIED. Chairman Matisak called a Recess at 8:03 p. m. The Regular Meeting was called back to Order at 8: O8 p. m. by Chairman Matisak. Discussion continued. Chairman Matisak asked, "The trailer that we see there with the Extreme Stunt and -Driving. Is that the name of your business? Extreme Stunt and Driving?" Ms. Bishop replied, "Yes, Sir." Chairman Matisak continued, "Is Extreme Stunt and Driving, is its location 811 Leopard Trail? Is its address 811 Leopard Trail?" Ms. Bishop replied, "Yes." Chairman Matisak said, "On the Official Records..." Ms. Bishop stated, "...Yes. But we don't do any business out of the house." Further discussion. Tape 2/Side A Discussion continued. Regarding moving the trailer in a different position in the yard, Ms. Bishop stated, "I'll take care of it." Continuing, Ms. Bishop said, "I'll move it." "THE CITY OF WINTER SPRINGS VERSUS DAWN BISHOP, CASE NUMBER 07- 0015658. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND OF DAWN BISHOP AND THE OTHER WITNESSES AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS NOT PROVEN HER CASE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MRS. DAWN BISHOP HAS NOT VIOLATED SECTIONS 13-2. (JUNK - OUTDOOR STORAGE) AND A JUDGMENT OF `NOT GUILTY' ORDERED FOR THE RECORD." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 14 OF 23 VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER WOOD: NAY ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. Discussion. PUBLIC HEARINGS -NEW CASES 502.14 Code Enforcement Bureau -Police Department CASE #07-0015665 227 Albert Street Arlene Condon Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -Proof Of Delivery September 28, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.15 Code Enforcement Bureau -Police Department CASE #07-0015676 661 Murphy Road Chris Swanson And Melissa Smithers Section 13-2. (Debris -Outdoor Storage) Date Of Service: Certified -October 4, 2007 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -0CTOBER 16, 2007 PAGE I5 OF 23 PUBLIC HEARINGS -NEW CASES 502.16 Code Enforcement Bureau -Police Department CASE #07-0015686 448 Lancers Drive Frederick Lepaily Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -October 3, 2007 "Unclaimed" Inspector -Cathy Davidson Inspector Davidson presented this Agenda Item and stated, "This Property was sited on August 10, 2007 and issued a Notice of Violation. This Property failed re-inspection on August 23rd September 5th, September 14th, October 12th, and October 15th; and is still not in Compliance as of October 16, 2007. Certified mail was returned and the Property was posted on October the 6th, 2007. Respondent's voicemail stated they were not accepting any calls and we are asking for Finding of Fact and Relief [Order]." Photographs were shown of the Property. Inspector Davidson commented, "All of their mail has been returned. There was a - `For Rent' sign on the front, I don't know if you saw it, and that was the number that I had to call and they said they weren't accepting any calls." Continuing, Inspector Davidson remarked, "I also have a letter from Joe Frasca from Mt. Greenwood Properties; and he wanted a follow up of what was happening with this Property and that he stated that he has also tried to contact the Owner and sent letters and he's gotten no response from the Owner. I'd like to enter that email into Evidence." Ms. Danielle Harker, Assistant to the City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. Ms. Elizabeth Roualdi, 443 Lancers Drive, Winter Springs, Florida: stated, "It's a rental house - the people who were renting moved out about a month or two (2) ago." Further discussion. Inspector Hecmarette Sims, Code Enforcement Officer, Police Department, stated, "I was told by a neighbor across the street that the Homeowner has moved out of the country and has no intention of addressing the problem." Chairman Matisak asked, "And this was told to you by whom?" Inspector Sims replied, "A neighbor across the street. I didn't get her name. We did have a slight language barrier." Discussion ensued on foreclosures. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -0CTOBER 16, 2007 PAGE 16 OF 23 "THE CITY OF WINTER SPRINGS VERSUS FREDERICK LEPAILY, CASE NUMBER 07-0015686. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND THE HOME OWNERS ASSOCIATION REPRESENTATIVE AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER -HAS PROVEN - HER CASE BASED ON THE FOLLOWING: FINDING OF FACT: THE RESPONDENT 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 FREDERICK LEPAILY HAS VIOLATED SECTION 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE AND THE 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 ALTERNATE BOARD MEMBER MOORE. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER WOOD: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 16, 2007 PAGE ]7 OF 23 Discussion ensued on whether or not to cut the Respondent's lawn. "THE CITY OF WINTER SPRINGS VERSUS FREDERICK LEPAILY, CASE NUMBER 07-0015686 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTIONS 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, THE CITY HAS BEEN AUTHORIZED TO MOW THE LAWN ON THE OWNER'S BEHALF AND THE OWNER WILL BE FINED THE -COST OF MOWING THE LAWN. FURTHERMORE, ANY OR 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 TIMEFRAME SET FORTH BY THIS BOARD." MOTION BY ALTERNATE BOARD MEMBER MOORE. SECONDED BY ALTERNATE BOARD MEMBER WOOD. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER WOOD: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 18 OF 23 PUBLIC HEARINGS -NEW CASES 502.17 Code Enforcement Bureau -Police Department CASE #07-0015717 111 Lido Road Dietrich A. Doerfler Section 6-217. (No Pool Enclosure) Section 13-2. (Stagnant Pool) Date Of Service: Certified -October 2, 2007 Inspector - Hecmarette Sims Inspector Sims presented this Agenda Item and stated, "This Property was originally sited on August 13, 2007 and issued a Notice of Violation at that time. This Property failed re- inspections on August 22°d [2007], September 6~' [2007], September 20`" [2007] and finally September 25`I' [2007]. Notice was posted October 6, 2007 and signed for on September 21, 2007 giving the Property Owner an additional three (3) days to correct. It's currently not in Compliance and we're asking for a Finding of Fact and Relief [Order]." Photographs were shown of the Property. Chairman Matisak asked, "Is this vacant Property?" Inspector Sims replied, "At the time that I took this, the original site, yes it was. It was vacant at that time in August [2007]." Captain Tolleson stated, "The reason that we are in the backyard because it was ahealth/safety issue due to the fact that while there may not be children at that residence, there are children on each side of it. And it is open to them and it is attracting a nuisance and yes, there is an exemption to State Law which gives us the authority to be there." Inspector Sims commented, "And I'm not on their Property; just to clarify that. I'm on the neighbors' Property who gave me permission to walk back there." Regarding how the Violation was found, Inspector Sims stated, "Originally I noticed that it was a lawn Violation, overgrown lawn. And as well -we've received numerous complaints, numerous." Captain Tolleson said, "I would like to have the Property Owner provide his Testimony this evening." Mr. Dietrich A. Doerfler, 716 Benedict Way, Casselberry, Florida: stated, "The house over there has been Vacant for approximately two (2) years. We had people in there and they just moved out and didn't tell us - I was over there last week. The pool has been straightened out; it has been chlorinated and all taken care of - there's a couple of more times I have to go over there and take care of that." Chairman Matisak asked, "Has the pool been shocked?" Mr. Doerfler replied, "Yes, chlorinated, shocked -the screen what you see there; I ordered that. That's a special size which goes around the bottom. And that is on order; that should be coming in I would say maybe a week or so through Home Depot." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 16, 2007 PAGE 19 OF 23 Discussion ensued on temporary fencing. Alternate Board Member Wood asked, "What day did you shock the pool?" Mr. Doerfler replied, "Last two (2) weeks; practically every other day." Alternate Board Member Wood asked, "What day would you say you shocked it?" Mr. Doerfler replied, "About a week ago." Mr. Doerfler replied, "There was about ten (10) gallons of chlorine and all that stuff was used." Continuing, Alternate Board Member Wood asked regarding the screen, "What are you going to do between now and when it comes in? How are you going to prevent -what are you going to do before it arrives? That's real important." Mr. Doerfler commented, "I can put a fence around it, yes." Regarding the orange plastic mesh sold at Home Depot, Mr. Doerfler said, "Alright, I can put that on there." Next, Mr. Doerfler commented, "You said something about neighbors with children, there are no children on both sides of the house." Captain Tolleson stated, "I object." Chairman Matisak asked, "Mr. Doerfler, do you know the neighbors on either side of your home, personally?" Mr. Doerfler replied, "Not by name, but personally, yes." Further discussion. Tape 2lSide B Discussion continued. Ms. Ruby Thanpson, 1981 Aster Drive, Winter Park, Florida: addressed the Board regarding this Case, saying, "If you go over there tomorrow, my husband has cut the lawn, trees and then we noticed the pool; I was just over there the last two (2) weeks." Captain Tolleson stated, "I object. That's all good information." Further discussion. Alternate .Board Member Wood asked, "In light of the situation and there's no electricity though, your husband's going to shock the pool is what I understand..." Ms. Thompson replied, "...Yes." Alternate Board Member Wood continued, "And he's going to put something around the pool right away." Discussion continued. Chairman Matisak asked, "How long will it take for you to get this situation taken care of?" Ms. Thompson replied, "By Thursday; I'm assuming my husband and I can go get -whatever we need to get from Home Depot and put it around the pool; around the screens. But I just assume, get a link fence and have it put in because I'd rather do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 20 OF 23 Further discussion. Alternate Board Member Moore asked, "I think we even have a question as to whether the individual that has come before the Board is the rightful owner of the Property." Captain Tolleson remarked, "Under his own testimony he claimed ownership; it is his name. And he's moving there in two (2) weeks." "THE CITY OF WINTER SPRINGS VERSUS DIETRICH A. DOERFLER, CASE NUMBER 07-0015717. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. DIETRICH DOERFLER AND THE WITNESS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: FINDING OF FACT: THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 6-217. (NO POOL ENCLOSURE) AND SECTION 13-2. (STAGNANT POOL) 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 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 DIETRICH DOERFLER HAS VIOLATED SECTIONS 6-217. (NO POOL ENCLOSURE) AND SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE AND THE 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 VICE CHAIRPERSON KAMON. SECONDED BY ALTERNATE BOARD MEMBER WOOD. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 16, 2007 PAGE 21 OF 23 VOTE: CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER WOOD: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Discussion ensued on fines to impose for this Case. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DIETRICH A. DOERFLER, CASE NUMBER 07-0015717 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 6-217. (NO POOL ENCLOSURE) 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 THE TIME PROVIDED, A FINE OF A HUNDRED AND FIFTY DOLLARS ($150.00) WILL BE IMPOSED PER DAY, UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY OR 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 THREE HUNDRED DOLLARS ($300.00) 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 TIMEFRAME SET FORTH BY THIS BOARD. LET THE RECORD ALSO REFLECT THAT THE RESPONDENT IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD. I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -0CTOBER 16, 2007 PAGE 22 OF 23 VOTE: VICE CHAIRPERSON KAMON: AYE ALTERNATE BOARD MEMBER WOOD: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. Discussion. Mr. Doerfler asked, "If the pool is empty, what then?" Captain Tolleson replied, "You can do that, but we would still require the enclosure." Discussion continued. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DIETRICH A. DOERFLER, CASE NUMBER 07-0015717 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTIONS 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) BUSINESS DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME 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. 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 TWO HUNDRED AND 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 TIMEFRAME SET FORTH BY THIS BOARD. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER ]6, 2007 PAGE 23 OF 23 LET THE RECORD ALSO REFLECT THAT THE RESPONDENT IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD. I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER WOOD: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN MATISAK: AYE VICE CHAIRPERSON KAMON: AYE MOTION CARRIED. Discussion continued. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 500. Not Used. REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 9:38 p.m. RESPECTFULLY SUBMITTED: ~j ~~ ~~ ~ Dt^~N ~ LLE HA,2KE ASSISTANT T~ THE CITY CL RK NOTE: These P.!Iinuteg were approved at the November 27, 2007 Code Enforcement Board Regulaz Meeting.