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Home My WebLink About2008 02 19 Code Enforcement Board Regular OFFICIAL MINUTESCITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 19, 2008 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, February 19, 2008 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 Board Member Dick Crenshaw, present Board Member James B. Pitts, present Board Member Gregory 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 Pledge of Allegiance. Chairman Matisak stated, "I do want to announce to the Board that Vice Chairperson Alisa Kamon has resigned" and read her resignation letter. Continuing, Chairman Matisak explained, "We do have one (1) absence then since we do have the one (1) resignation. So, that means Alternate Board Member [Sherri P.] Moore will be in a Voting capacity this evening then." Brief discussion. Assistant to the City Clerk Danielle Harker informed the Board that the City Commission would be electing a new person on Monday, February 25, 2008 at their Regular Meeting. Assistant to the City Clerk Harker read into the Record the Attorney Opinion dated February 18, 2008 regarding Appointments. Discussion continued. Chairman Matisak asked, "I would like to open up the floor to Nominations [for Vice Chairperson]." "I WOULD LIKE TO NOMINATE [BOARD MEMBER] JIM WENTZ." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CRENSHAW. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 2 OF 19 "I WAS GOING TO NOMINATE (BOARD MEMBER] GREG ROERO." MOTION BY BOARD MEMBER WENTZ. SECONDED BY ALTERNATE BOARD MEMBER MOORS. "I WOULD LIKE TO NOMINATE [BOARD MEMBER] JIM PITTS." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER ROERO. BOARD MEMBER WENTZ STATED, "I AM GOING TO RESPECTFULLY DECLINE." BRIEF DISCUSSION. CHAIRMAN MATISAK ASKED, "SO, WOULD YOU LIKE YOUR NOMINATION WITHDRAWN?" BOARD MEMBER WENTZ REPLIED, "YES, PLEASE." CHAIRMAN MATISAK REMARKED, "SO, BOARD MEMBER WENTZ DOES NOT ACCEPT HIS NOMINATION." NEXT, BOARD MEMBER ROERO SAID, "I AM GOING TO DECLINE TOO." REGARDING ACCEPTING THE NOMINATION FOR VICE CHAIRPERSON, BOARD MEMBER PITTS COMMENTED, "I WOULD BE HAPPY TO DO IT AGAIN." VOTE: (ON BOARD MEMBER JIM WENTZ) BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: NAY BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER PITTS: NAY BOARD MEMBER WENTZ: NAY ALTERNATE BOARD MEMBER MOORS: NAY MOTION DID NOT CARRY. VOTE: (ON BOARD MEMBER GREGORY ROERO) CHAIRMAN MATISAK: NAY BOARD MEMBER CRENSHAW: NAY BOARD MEMBER WEISMAN: NAY BOARD MEMBER PITTS: NAY BOARD MEMBER WENTZ: NAY ALTERNATE BOARD MEMBER MOORS: NAY BOARD MEMBER ROERO: NAY MOTION DID NOT CARRY. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 3 OF 19 VOTE: (BOARD MEMBER JIM PITTS) BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. Chairman Matisak remarked, "So, congratulations to Vice Chairperson [James B.] Pitts." Vice Chairperson Pitts replied, "Thank you, all." Next, Chairman Matisak inquired if there were any "Agenda Changes". Assistant to the City Clerk Harker replied, "Yes, Sir. Tonight we will be hearing Agenda Item 502.1, 502.4 and 503.1." INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The January 15, 2008 Regular Meeting Minutes. Chairman Matisak asked, "Approval of the January 15`I' [2008] Regular Meeting Minutes." "SO MOVED." MOTION BY VICE CHAIRPERSON PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CHAIRMAN MATISAK STATED, "I DO HAVE AN ISSUE AND THAT IS PAGE 6 OF 21 -THERE WAS A MOTION BY MYSELF - IT WAS LISTED `CHAIRMAN MATISAK ASKED CAN I GET A MOTION TO... SO MOVED. BY ALTERNATE BOARD MEMBER WOOD. SECONDED BY VICE CHAIRPERSON KAMON.' REVISED MAY 15, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 4 OF 19 IT WAS NOT LISTED IN THE MINUTES OF WHAT THAT MOTION WAS FOR, SO I WANTED TO GO AHEAD AND AMEND THOSE MINUTES FOR WHAT THE MOTION WAS FOR - WHICH WAS TO APPROVE THE QUALIFICATIONS FOR OFFICER [HECMARETTE] SIMS AS PRESENTED. SO, THAT WAS MY AMENDED MOTION." AMENDMENT TO THE MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: NAY ALTERNATE BOARD MEMBER MOORE: NAY BOARD MEMBER ROERO: NAY CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: NAY ALTERNATE BOARD MEMBER MOORE: NAY BOARD MEMBER ROERO: NAY CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Code Enforcement Bureau Captain Glenn Tolleson, Code Enforcement Bureau, Police Department, "Yes, Sir; just to let everyone know that Hecmarette [Sims] has been promoted to Lieutenant." Captain Tolleson commented about speaking to two (2) different Realtors about signage. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 5 OF 19 Regarding the Promotion of Lieutenant Sims, Chairman Matisak remarked, "Congratulations." Vice Chairperson Pitts commented, "Congratulations." REPORTS 401. Office Of The Citv Clerk No Report. REPORTS 402. Code Enforcement Chair Chairman Matisak expressed appreciation to Ms. Alisa Kamon on her efforts while she served on this Board. Next, Chairman Matisak said, "I did also want to mention to the Code Bureau, as your presenting Cases, moving forward, I would ask that as we start, the very first thing is to present -method of posting for Evidence and include that into Evidence." Discussion. Captain Tolleson replied, "Yes. And as well, it is on the PowerPoint, so as soon as you introduce the PowerPoint, that date's on there." Chairman Matisak asked, "Does that qualify..." Captain Tolleson replied, "...Yes, it does, but we still prefer to turn it in as part of Evidence." Chairman Matisak stated, ``Okay, so let's do both at the same time." Further discussion. REPORTS 403. Code Enforcement Vice Chair Brief discussion. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT Chairman Matisak stated, "Let the Record reflect that the Chambers are empty." REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE 6 OF 19 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 #07-0015809 522 San Gabriel Court Bernard A. Forand Section 13-2. (Trash And Debris) Date Of Service: Certified -Returned "Unclaimed" February 5, 2008 Inspector -Hecmarette Sims Chairman Matisak asked, "Is the Respondent present at this Hearing?" Inspector Hecmarette Sims, Code Enforcement Bureau, Police Department replied, "No." Chairman Matisak stated, "Let the Record reflect the Respondent is not present at this Hearing." Assistant to the City Clerk Harker swore in the Winter Springs Code Fnforcement Inspectors who may be providing testimonv during the presentation of tonight's cases. Next, Chairman Matisak asked, "Who is representing the City in this Case?" Inspector Sims replied, "Hecmarette Sims." Inspector Sims stated, "I have the Affidavit of Posting that I would like to present into Evidence as Posting of the Property on February 9`h of 2008." Chairman Matisak replied, "Okay and we will go ahead and enter that as `WS 1'." Continuing, Inspector Sims commented, "This Property was originally sited on August 23, 2007 and issued a Notice of Violation. The Property failed re-inspections on September 17`I' [2007], October 14'I' [2007] and December 17`I' of 2007. The Property was Posted on February 9`I' [2008]. It's currently not in Compliance and we are asking for a Finding of Fact and Relief [Order]." Photographs of this Property were shown. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 7 OF 19 Chairman Matisak asked, "Would you like to enter in your PowerPoint into Evidence this evening?" Inspector Sims replied, "Yes, Sir." Chairman Matisak stated, "The PowerPoint will be entered in as `WS 2' for this Case and all photographs associated with it. Vice Chairperson Pitts asked, "Is this Property currently occupied?" Inspector Sims replied, "Yes, it is." Inspector Sims continued, "From what I'm understanding, the person that is living there is the Tenant." Discussion. Alternate Board Member Laura-Leigh Wood asked, "Was a Certified letter sent to the Owner or the..." Inspector Sims replied, "...We've sent multiple certified letters to the Owner; all of them have come back as -returned and no forwarding address." Inspector Sims continued, "Throughout the whole time -it's never gone into Compliance and we've never had any type of contact with him." Discussion. "I WILL GO AHEAD AND MAKE A MOTION FOR A PAGE 5 READING - THAT THE RESPONDENT IS `GUILTY' FOR VIOLATING SECTION 13-2. AND I WOULD LIKE TO GET A FULL READING FROM THE -CLERK." MOTION BY CHAIRMAN MATISAK. "THE CITY OF WINTER SPRINGS VERSUS BERNARD A. FORAND, CASE NUMBER 07-0015809. 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: FINDING OF FACT.• 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 SECTION 13-2. (TRASH AND DEBRIS) 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 NOT PRESENT AT THIS HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE 8 OF 19 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. BERNARD A. FORAND HAS VIOLATED SECTION 13-2. (TRASH AND DEBRIS) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK HARKER. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE MOTION CARRIED. Discussion ensued on the Relief Order. Inspector Sims stated, "I wanted to make sure that I let you know that I was approached by the Deersong Homeowner's Association. At one point they asked if they could clean up the Property because some of their debris was billowing out over onto the common area - I told them not to do anything until we determined as -the Code Board what the result would be and then at that point once they found that out, they might have the option. One of the other things I was going to suggest would be if we sent Notice to the - Property as well as to the Property Owner." Discussion continued. Captain Tolleson remarked, "Actually, I am familiar with what their HOA (Homeowner's Association) documents and Deed Restrictions are. They can actually go clean that Property up whenever they wish. Based on that, Lieutenant Sims wanted to wait until we had the actual Hearing tonight so she can provide them a copy of this Order, if so found `Guilty'; gives them additional due process for their HOA (Homeowner's Association) to use." Further discussion. Tapp IiSid~ B Brief discussion ensued on the Relief Order. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE 9 OF 19 "MAKE A MOTION FOR RELIEF ORDER `A'. BERNARD A. FORAND; FOR VIOLATION OF SECTION 13-2. A FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY UNTIL COMPLIANCE. AND FOR A REPEAT VIOLATION OF TWO HUNDRED FIFTY DOLLARS ($250.00) PER DAY AND FURTHERMORE NOTICE OF THIS WILL ALSO BE SENT TO THE TENANT. AND I WOULD LIKE TO GET A FULL READING FROM THE CLERK. MOTION BY CHAIRMAN MATISAK. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS BERNARD A. FORAND, CASE NUMBER 07-0015809 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (TRASH AND DEBRIS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN -TEN (10) 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 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 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 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. ALSO, THAT NOTICE OF THIS VIOLATION BE SENT TO THE TENANT AS WELL." FULL READING BY ASSISTANT TO THE CITY CLERK HARKER. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 10 OF 19 ALTERNATE BOARD MEMBER MOORE STATED, "I MAKE A MOTION THAT WE CHANGE THE NUMBER OF DAYS GIVEN THE RESPONDENT TO THREE (3) DAYS AFTER NOTIFICATION VERSUS TEN (10) DAYS." AMENDMENT TO THE MOTION BY ALTERNATE BOARD MEMBER MOORE. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. DISCUSSION ENSUED ON NOTIFYING THE RESPONDENT. VOTE: (ON THE MAIN MOTION, AS AMENDED) BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #07-0016322 45 South Edgemon Avenue Mariene S. Solomon Section 13-2. (Junk) Date Of Service: Certified -February 1, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE I I OF 19 PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #07-0016366 21 South Cortez Avenue Marcella Demoss Section 12-53. (Unlicensed Motor Vehicle) Date Of Service: Certified -Proof Of Delivery February 2, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS- NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #07-0016475 871 Leopard Trail William B. And Lisa R. Cummings Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -February 1, 2008 Inspector -Hecmarette Sims Chairman Matisak asked, "Is the Respondent present at this Hearing?" Next, Chairman Matisak stated, "Let the Record reflect that the Respondent is not present at this Hearing." Continuing, Chairman Matisak asked, "Who will be representing the City in this Case?" lnspector Sims replied, "Hecmarette Sims." lnspector Sims commented, "I have the Affidavit of Posting that I would like to enter into Evidence. It was posted on February 9, 2008 and I also would like the PowerPoint presentation entered into Evidence." Chairman Matisak remarked, "The Affidavit of Posting - be designated as `WS 1' and the PowerPoint presentation -information and photographs will be designated as `WS 2' for this Case." Inspector Sims stated, "The Property was originally sited on November 14, 2007 and issued a Notice of Violation; failed re-inspections on December 12`I' of 2007 and January 14`I' of 2008. Proof of delivery was signed by both parties on February 7, 2008 giving the Property Owner an additional three (3) days. The Property was posted on February 9`I' That should be `2008', I apologize. It's currently not in Compliance and we're asking for a Finding of Fact and Relief [Order]." Photographs of this Property were shown. REVISED MAY ] 5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 12 OF 19 Chairman Matisak asked, "Were you able to measure the height of the grass?" Inspector Sims replied, "No, I was not." Chairman Matisak continued, "If you had to estimate, how high would you estimate the height of the grass to be?" Inspector Sims mentioned, "It's probably eighteen (18) to twenty inches (20") tall all around the Property." Discussion. Board Member Dick Crenshaw asked, "Is the Property Vacant?" Inspector Sims replied, "Yes, it is." Further discussion. Chairman Matisak asked Inspector Sims, "Is this Property, to your knowledge, in foreclosure, been foreclosed on or in some sort of receivership?" Inspector Sims replied, "I believe that it is in the process of being foreclosed on, but that, I'm not a hundred percent (100%) positive." Discussion. "I WILL MOTION FOR THE CLERK TO READ IT." MOTION BY BOARD MEMBER WENTZ. CHAIRMAN MAT[SAK REITERATED, "SO, WE HAVE A PAGE 5 MOTION." "THE CITY OF WINTER SPRINGS VERSUS WILLIAM B. AND LISA R. CUMMINGS, CASE NUMBER 07-0016475. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, [FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: FINDING OF FACT: 1. 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 SECTION 13-2. (UNTENDED GRASS AND WEEDS) 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. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. REVISED MAY 15, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 13 OF 19 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT WILLIAM B. AND LISA R. CUMMINGS HAVE 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 AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK HARKER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Much discussion ensued on the Relief Order and mowing the Respondent's lawn. Regarding mowing Respondent's lawns, Vice Chairperson Pitts commented, "I think, under the circumstances -then the City Commission is going to have to take a look at this and determine what they want to do with it." Discussion continued. Regarding the budget issue with mowing Respondent's lawns, Board Member Leah Weisman remarked, "If it is a City thing, how do we go about bringing it up to the City? Because it may need to be a City budget issue..." Captain Tolleson replied, "...I have to go back for appropriations, supplemental money. However, that's my issue, not the Board's." Further discussion. Board Member Jim Wentz remarked, "I think - we should look to the City Commission for guidance - have a general idea of -how they want us to deal with them." Discussion. Next, Board Member Wentz suggested, "I also think Chairman Matisak, if you go to Monday's Meeting, I think you should bring this up to the City Commission as a guideline. We would like some input from them." No objections were noted. Discussion continued. REVISED MAY IS_ 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE 14 OF 19 Chairman Matisak mentioned, "And what I will do - in the next -Commission Meeting, bring this up to the Commissioners." Further discussion. "I MOVE THAT WE GO FORWARD WITH THE RELIEF ORDER WITHOUT ANY PROVISIONS FOR MOWING THE LAWN." MOTION BY VICE CHAIRPERSON PITTS. CHAIRMAN MATISAK ASKED, "DID YOU WANT TO USE THE FIVE (5) DAYS WITH THE TEN (10), ONE HUNDRED (100)?" VICE CHAIRPERSON PITTS REPLIED, "THAT WILL BE FINE." CHAIRMAN MATISAK CONTINUED, "DO YOU WANT TO GET A FULL READING FROM THE CLERK?" VICE CHAIRPERSON PITTS RESPONDED, "PLEASE." BOARD MEMBER WENTZ REITERATED, "FIFTY (50), ONE HUNDRED (100)?" CHAIRMAN MATISAK REPLIED, "FIFTY (50), ONE HUNDRED (100), RIGHT." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS WILLIAM B. AND LISA R. CUMMINGS, CASE NUMBER 07-0016475 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 RESPONDENTS FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED..." Tape 2/Side A "...A FINE OF A 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 A HUNDRED DOLLARS ($100.00) PER DAY BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. REVISED MAY 15.2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE I S OF 19 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." FULL READING BY ASSISTANT TO THE CITY CLERK HARKER. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #07-0016725 1202 Royal Oak Drive Christine Pieper Section 13-2. (Stagnant Pool) Date Of Service: Certified -February 1, 2008 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEM11ENT BOARD REGULAR MEETING -FEBRUARY 19, 2008 PAGE 16 OF 19 PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS- NON-COMPLIANCE CASES 503.1 Code Enforcement Bureau -Police Department CASE #07-0014075 140 Tarpon Circle Tracy Mills Section 6-195. (Fence In Disrepair) Section 13-2. (Stagnant Pool) Date Of Service: Certified -February 1, 2008 Inspector -Hecmarette Sims Chairman Matisak asked, "Is the Respondent present at this Hearing`?" Chairman Matisak continued, "Let the Record reflect that the Respondent is not present for this Hearing." Next, Chairman Matisak asked, "Who will be representing the City in this Case?" Inspector Sims replied, "Hecmarette Sims." Continuing, Chairman Matisak asked Inspector Sims, "Have you been sworn in for this Case`?" Inspector Sims responded, "Yes." Discussion. Inspector Sims noted, "First, I would like to enter the Affidavit of Posting which was posted on February 9, 2008 as Evidence as well as the PowerPoint presentation." Chairman Matisak stated, "The Affidavit of Posting will be entered in as `WS 1' and the PowerPoint presentation with photographs will be entered in as `WS 2'." Inspector Sims stated, "This is aNon-Compliance Case. This Case was originally heard before the Board on May I S`I' of 2007. The Board found that Tracy Mills was not in Compliance that night and was found `Guilty' on both Violations. The Respondent was given three (3) additional days after notification to correct this Violation -the Board ruled that any and all future reoccurrences of this Violation would be considered a Repeat Offense. The Fine of one hundred dollars ($100.00) per day for the Violation of the Stagnant Pool and one hundred and fifty dollars ($150.00) per day for the Violation of the Fence In Disrepair will be imposed per day until Compliance has been verified by a Code Enforcement Officer. Tracy Mills was not present at the Hearing. Certified Notice of the Code Board Order was `unclaimed' for both Violations on June 1, 2007, July 21, 2007 and finally returned on July 24, 2007. The Property has remained in Violation; never achieving Compliance. We are asking for a Finding of Fact and Relief [Order] in the amount of one hundred dollars ($100.00) per day for 238 days, that's supposed to say `days', for the Stagnant Pool and a hundred and fifty dollars ($150.00) per day for the Fence In Disrepair for the same amount of time, 238 days; for a total of -fifty nine thousand and five hundred dollars ($59,500.00)." REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE 17 OF 19 Photographs were shown of this Property. Inspector Sims commented, "We've even had Public Works [Department] come out on multiple occasions, putting up the orange webbing." Discussion. Alternate Board Member Moore asked, "Is this not the same Property where we had children that were coming into the backyard when we heard this Case before?" Inspector Sims replied, "Yes, ma'am." Further discussion. Chairman Matisak asked, "So, the Fine is currently running as of today, correct?" Inspector Sims replied, "That was as of February 1 S` [2008]." Board Member Wentz asked, "I did not see any orange fencing out there now. Did someone remove it?" Inspector Sims responded, "The kids are going in the backyard and they are taking that webbing down." Discussion continued. Inspector Sims stated, "At this point, I believe this Property has just gone into foreclosure, just now." Board Member Weisman asked, "There is no one living there, is that correct`?'' Inspector Sims replied, "Correct. It's been vacant that whole time; some even before May [2007]. It was vacant prior to that. And we've sent Notice to every single Tracy Mills we could find in the State of Florida, pretty much, with no response." Much discussion ensued on this Case. "I WILL GO AHEAD AND MAKE THE MOTION TO GO AHEAD AND LET THE BOARD FIND THAT THE AMOUNT OF FIFTY NINE THOUSAND FIVE HUNDRED DOLLARS ($59,500.00) STAND AND FURTHERMORE, THAT THE BOARD FINDS THAT THERE IS A -HAZARD TO THE COMMUNITY -THE EXPOSED POOL HAS BEEN A HAZARD TO THE COMMUNITY AND THERE HAS BEEN A FAILURE TO -PREVENT CHILDREN TO HAVE ACCESS TO THE POOL, SO THEREFORE THE CODE BOARD ORDERS THE CITY TO FILL IN THE POOL WITH SAND OR DIRT." MOTION BY CHAIRMAN MATISAK. BRIEF DISCUSSION. "THE CITY OF WINTER SPRINGS VERSUS TRACY MILLS, CASE NUMBER 07-0014075. 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: REVISED MAY I5, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE 18 OF 19 1. THE RESPONDENT NAVE PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND `GUILTY' OF VIOLATING SECTION 13-2. (STAGNANT POOL AND SECTION 6-195. (FENCE IN DISREPAIR) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARDS ORDER. THEREFORE, I MOVE THAT THE FINE OF FIFTY NINE THOUSAND FIVE HUNDRED DOLLARS ($59,500.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME. ALSO, DUE TO THE STAGNANT POOL, IT HAS BEEN DEEMED THAT IT IS A HAZARD TO THE COMMUNITY AND THE BOARD ORDERS THE CITY TO FILL IN THE POOL WITH SAND OR DIRT." FULL READING BY ASSISTANT TO THE C[TY CLERK HARKER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WEISMAN:AYE VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORS: NAY BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. REVISED MAY I5. 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 19, 2008 PAGE 19 OF 19 REGULAR AGENDA REGULAR 600. Code Enforcement Board Discussion Of The "Abstention And Conflict Of Interest" Section Of The Winter SDrIn~S Code Enforcement Board Policv Manual. Chairman Matisak spoke to the Board about this Agenda Item. "I WILL MAKE A MOTION THAT WE GO AHEAD AND ADOPT SECTION `H' WILL BECOME AS WRITTEN SECTION (4) (a) (b) AND (c) AND JUST WILL REPLACE `PUBLIC OFFICER' WITH THE TERM `BOARD MEMBER', JUST SO THAT IT READS EASIER FOR OUR MANUAL. AND THAT WILL BECOME SECTION `H'." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN:AYE MOTION CARRIED. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 9:02 p.m. RESPECTFULLY SUBMITTED: n~~~~ ~~~ DA IELLE HARKER ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the May, 20 2008 Code Enforcement Board Regular Meeting. REVISED MAY I5. 2008