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HomeMy WebLinkAbout2008 04 15 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 15, 2008 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, April 15, 2008 was called to Order at 7:00 p.m. by Vice Chairperson James B. Pitts, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Mathew Matisak, absent [Excused] Vice Chairperson James B. Pitts, present Board Member Dick Crenshaw, present Board Member Sherri P. Moore, absent [Excused] Board Member Gregory Roero, present Board Member Leah Weisman, present Board Member Laura-Leigh Wood, present Alternate Board Member Maria Fair, present Alternate Board Member Dale Kirby, present Vice Chairperson Pitts stated, "Please note in the Minutes that both Chairman [Mathew] Matisak and Ms. [Sherri P.] Moore's absence are Excused and that Ms. [Maria] Fair and Mr. [Dale] Kirby will be acting as full Board Members instead of Altel7iates to fill those Vacancies and will have Voting rights." Next, Vice Chairperson Pitts led the Invocation and Pledge of Allegiance. On the subject of Agenda Changes, Assistant to the City Clerk Danielle Harker noted, "Yes, tonight we will be hearing [Agenda] Items 502.1 and [Agenda] Item 502.5." Assistant to the City Clerk Harker swore in the Winter Springs Code Enforcement Inspectors and Respondents 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 -APRIL I5, 2008 PAGE 2 OF 16 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The February 19, 2008 Regular Meeting Minutes. In reference to changes to be made to the Consent Minutes, Assistant to the City Clerk Harker mentioned, "Sir, I do have one (1) -change." Assistant to the City Clerk Harker continued, "If you look on your Consent Minutes for `PAGE 18 OF 19', at the very bottom where there's the -Vote -page 18. At the very bottom it says `Alternate Board Member Moore' and it says `aye', but the `aye' is all in lower case instead of capitalized." Assistant to the City Clerk Harker suggested, "Whoever is making the Motion, if you could just note -the authority to make that change; that would be great." "SO MOVED." MOTION BY VICE CHAIRPERSON PITTS. SECONDED BY BOARD MEMBER WOOD. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WOOD: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER FAIR: AYE MOTION CARRIED. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department introduced Corporal Jim Flannigan, the newest Code Officer, who was replacing Lieutenant Hecmarette Sims. Brief discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES ('ODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 3 OF 16 •• AGENDA NOTE: CONSENT ITEM 200 WAS DISCUSSED AGAIN, FOLLOWED BY THE REST OF THE AGENDA •• CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The February 19, 2008 Regular Meeting Minutes. Regarding additional changes to be made in the Consent Minutes, Board Member Leah Weisman commented, "You missed a Vote for me - `[PAGE] 13 OF 19'." Board Member Weisman explained, "I didn't say an `aye' or a `nay'." Continuing, Board Member Weisman added, "I did have a question and it may just be my fuzzy memory because it has been so long ago, but `[PAGE] 18 OF 19'. It says I said `aye' at that Vote and I thought I said `nay'." Assistant to the City Clerk Harker clarified, "Which Vote? The Regular [Agenda Item] `600' or the full reading of the Stagnant Pool? There are two (2) Votes on that page." Vice Chairperson Pitts asked, " `Second by Board Member Roero', that one?" Board Member Weisman responded by saying, "Yes." Assistant to the City Clerk Harker suggested, "If you would like to make a Motion for me to change - I will make sure that I go back through the Minutes -I'll find out if you Voted `aye' or `nay'. And then on 'PAGE 18 [OF 19]', I'll go through and listen to it again. And if you could just do in the Motion just to give me authorization to change it if it is incorrect." "WOULD THE CLERK PLEASE CHECK THOSE TWO (2) ITEMS ON `PAGE 18 [OF 19]' AND ON `PAGE 13 [OF 19]' TO ENSURE THAT THE VOTES RECORDED WERE CORRECT. IF THERE WAS ANYTHING DIFFERENT THAT YOU FIND ON THE TAPES, PLEASE ADJUST THEM ACCORDINGLY." MOTION BY VICE CHAIRPERSON PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WOOD: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER FAIR: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 4 OF 16 REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401. Office Of The Citv Clerk No Report. REPORTS 402. Code Enforcement Chair No Report. REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 500.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL 15, 2008 PAGE 5 OF 16 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 #07-0016584 703 Sybilwood Circle Thomas E. Godfrey Trustee FBO Thomas E. Godfrey Section 13-2. (Stagnant Pool) Date Of Service: Certified -Proof Of Delivery March 18, 2008 Inspector -Cathy Davidson Assistant to the City Clerk Harker called the Case forward to the Board. Vice Chairperson Pitts asked, "Who will be addressing it for the City?" Captain Tolleson replied, "h~spector [Cathy] Davidson." Vice Chairperson Pitts continued, "And is the Respondent present for that particular Case?" Captain Tolleson responded by saying, "Yes, Sir, he is." Inspector Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department, "This Property was sited November the 25'h, 2007 and failed re-inspection on December 12`x' [2007] and again February 29`x', 2008 and March 3'~`~, 2008. Certified mail was received and signed for on March 18`x', 2008. The Property is still in Non- compliance and we're asking for Finding of Fact and Relief [Order]." Photographs of this Property were shown. Vice Chairperson Pitts asked, "Ms. Davidson, how were you able to get those pictures?" Inspector Davidson replied, "From the neighbor's backyard; from his neighbor's backyard." Discussion. Board Member Laura-Leigh Wood clarified, "You had permission though -from the neighbor to take the pictures." Inspector Davidson replied, "I did." Discussion continued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEA1ENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 6 OF I6 Mr. Thomas E. Godfrey, 703 Sybilwood Circle, Winter Springs, Florida: said, "I received this Notice signed by Officer Cathy Davidson - in order to observe my Stagnant Pool, she had to walk to the end of my driveway, unlatch a six foot (6') tall solid wooden gate, and walk twenty-five (25) yards back to observe my Stagnant Pool. Now - when I got this Notice, I called the Police Department and - I said who instigated this? And they said an anonymous neighbor - and I don't know if this Officer, Cathy Davidson did it. I don't know if she walked back thru there or not, but if she did, my anonymous neighbor was trespassing to come through there." Brief discussion. Next, Mr. Godfrey remarked, "1 have been trying to correct this situation because I don't want a Stagnant Pool either. I have a list of people I have tried to contact." Captain Tolleson asked, "Did you see anyone on your Property, Sir?" Mr. Godfrey replied, "No, I didn't." Captain Tolleson continued, "Did you hear testimony by Inspector Davidson`?" Mr. Godfrey responded by saying, "Yes." Inspector Davidson stated, "I didn't unlatch anything on his Property. I didn't enter his Property. When I took a picture of his Stagnant Pool, all I did was take it from the fence line over. 1 don't know what he's referring to who entered his Property." Further discussion. Board Member Dick Crenshaw asked, "Is there any reason you cannot clean it up until you can find a company to maintain it?" Mr. Godfrey replied, "I can throw in that bottle of chemicals and I have done that on occasion." Discussion continued. Alternate Board Member Fair asked, "When is the last time that you yourself put any kind of chemical in it, if ever`?" Mr. Godfrey replied, "About a week ago." Further discussion. Regarding receiving Notices of his Violation, Mr. Godfrey stated, "The only Record I have of a Notice is this." Inspector Davidson commented, "That's not true." Discussion. Board Member Crenshaw asked, "Was it Posted on the Property?" Inspector Davidson replied, "He signed for Certified mail." Vice Chairperson Pitts asked, "Could I hear a Motion for Finding of Fact on page 5; Motion where Violation is found to have existed and as of this Hearing." "SO MOVED." MOTION BY BOARD MEMBER WEISMAN. SECONDED BY BOARD MEMBER WOOD. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 7 OF 16 "THE CITY OF WINTER SPRINGS VERSUS MR. THOMAS E. GODFREY, CASE NUMBER 07-0016584. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. GODFREY 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. (STAGNANT POOL) 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 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. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. GODFREY HAS VIOLATED SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE AND A JUDGEMENT 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. THERE WAS AN ADDITIONAL MOTION AND SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 8 OF 16 VOTE: VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WOOD: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER FAIR: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Discussion ensued on the Relief Order for this Case. Vice Chairperson Pitts asked, "Could I have a Motion that we proceed with Relief Order ~A.~,~ Board Member Wood suggested, "I would say that we give him five (5) days." Vice Chairperson Pitts asked, "Anybody Object to five (5) days until the Order takes affect?" Alternate Board Member Kirby recommended, `'Yes, I would like to see that extended to five (5) more days." Alternate Board Member Kirby added, "I just think it would be tough to get that cleared up in five (5) days." Discussion. Vice Chairperson Pitts remarked, "And if I am correct, my understanding is that the action has to take place to correct the situation within five (5) days -that does not mean - the whole problem has to be solved within that time, but the action has to be initiated within five (5) days." "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEn~IBER WOOD. DISCUSSION. VICE CHAIRPERSON PITTS ASKED, "CLERK, WOULD YOU PLEASE RESPOND WITH RELIEF ORDER `A' IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR THE INITIAL FINE AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR A REPEAT VIOLATION." "THE CITY OF WINTER SPRINGS VERSUS MR. THOMAS E. GODFREY, CASE NUMBER 07-0016584. HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) 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 A HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED PER -DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 9 OF 16 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. 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 NOTIFICAT[ON OF THIS ORDER IMMEDIATELY." FULL READING BY ASSISTANT TO THE CITY CLERK HARKER. THERE WAS AN ADDITIONAL MOTION AND SECOND. VOTE: BOARD MEMBER WOOD: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER KIRBY: NAY ALTERNATE BOARD MEMBER FAIR: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE MOTION CARRIED. Mr. Godfrey clarified, "The water can be clear, but dead algae could still be around the edge of the pool. Now, by clear, do you mean even though the algae is killed, the dead algae has to be removed?" Board Member Wood answered, "It is my understanding that the algae needs to be removed, Mr. Godfrey." Discussion. Vice Chairperson Pitts reiterated, "If in fact you complete this work, or get it started within five (5) days, and it is verified by the inspecting Officer, then there will be no Fine. If it does not happen, then you will be tined a hundred dollars ($100.00) a day, starting on the sixth (6~'') day." Mr. Godfrey said, "If this Officer went through that gate and back to the pool..." Captain Tolleson stated, "...I Object. That's hear-say." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES ('ODE ENFORCEMENT BOARD REGULAR M FETING -APRIL I5, 2008 PAGE 10 OF 16 Captain Tolleson noted, "One of the other things that goes with that Motion is Mr. Godfrey is going to have to notify us when he's ready for that Inspection." Vice Chairperson Pitts asked, "Can you handle that Mr. Godfrey? Can you call the Code Enforcement Board Office and let them know when you are ready for an Inspection?" Mr. Godfrey asked, "Do I have all the information?" Captain Tolleson replied, "The same number that you called us on." Next, Captain Tolleson added, "Also, Mr. Chairman, I'd like to put two (2) additional pieces of Evidence." Vice Chairperson Pitts asked, "Would you enter those two (2) pieces as `WS 2' and the PowerPoint presentation as `WS 1'." Continuing, Captain Tolleson remarked, "And as we had Testimony that he was not contacted, but once, he signed certified also on 12/21 of [20]'07; as well as March 18~I' [2008]. And 12/5 of [20]`07 he returned our door hanger to us with a note about trespassing. So, we have had ample contact with Mr. Godfrey. And again, under our own Testimony, we did not trespass onto the Property." PUBLIC HEARINGS- NEN' CASh:S 502.2 Code Enforcement Bureau -Police Department CASE #07-0016748 260 East State Road 434 Venetian Enterprises LLC C/O Crescent Properties Section 10-26. (No Occupational License) Date Of Service: Certified -Proof Of Delivery March 18, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEBV' CASES 502.3 Code Enforcement Bureau -Police Department CASE #07-0016766 510 South Edgemon Avenue David D. And Henrietta K. Girst Section 12-53. (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified -Proof Of Delivery March 22, 2008 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL I5, 2008 PAGE I I OF Ib PUBLIC HEARINGS- NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #07-0016770 51 South Fairfax Avenue Flody A. And Brenda J. Riley Section 20-431., 20-432. And 20-434. (Commercial Vehicle) Date Of Service: Certified - "Refused" Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #07-0016771 51 South Fairfax Avenue Flody* A. And Brenda J. Riley Section 13-2. (Junk -Outdoor Storage) Date Of Service: Certified - "Refused" Inspector -Jose Romero *During Nye Meeting, this name was pronounced correc!ly as 'Floyd' and from dais point on ~+~ill he ve/irrred m ns `Floyd'. Assistant to the City Clerk Harker called the Case forward to the E3oard. Vice Chairperson Pitts asked, "Inspector [Jose] Romero [Code Enforcement Officer, Code Enforcement Bureau, Police Department] you will be presenting for the City. Is the Respondent here?" Inspector Romero replied, "He's not present." Inspector Romero stated, '`The Property was sited December 28`x' 2007. Failed re- inspection on January 2°d, 2008; January 21", 2008; February 4t1i, 2008 and again on March 17t1', 2008. Certified mail was refused. Mr. Riley was served on April 5'1', 2008. I went to post the Property and he was standing on the Property, so I handed him the Notice. On April 14t1i, 2008, the Property was re-inspected and was found to be in Violation. Photos were taken. We ask for Finding of Fact and Relief Order. Photographs of this Property were shown. Brief discussion. Inspector Romero stated, "Certified mail was sent out to him on a number of occasions; mail was sent out to him and it was all returned, refused. Vice Chairperson Pitts asked, "Did you have a chance to talk to the Homeowner`?" Inspector Romero replied, "On April 5t1i, 2008 I served him the Notice and I spoke to him. And I advised him that if he had it cleaned up, he wouldn't have to come to the Hearing today." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-APRIL I5, 2008 PAGE 12 OF 16 Alternate Board Member Kirby asked, '`Officer Romero, is this in the front of the house or the back of the house`?" Inspector Romero responded by saying, "Yes, that's the front of the house." Discussion. Next, Inspector Romero stated, "The pictures were taken from the street." Further discussion. Regarding trash on the Property, Alternate Board Member Kirby asked, "So, this is on City Property, too?" Captain Tolleson replied, "Yes, Sir." Discussion. "I WILL MAKE A MOTION WE GO AHEAD AND DO A FINDING OF FACT." MOTION BY BOARD MEMBER CRENSHAW. FURTHER DISCUSSION. VICE CHAIRPERSON PITTS NOTED THE MOTION ON THE FLOOR AND ADDED, "FOR FINDING OF FACT ON PAGE 5." SECONDED BY BOARD MEMBER WOOD. DISCUSSION. "THE CITY OF WINTER SPRINGS VERSUS MR. FLOYD A. AND MS. BRENDA J. RILEY, CASE NUMBER 07-0016771. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE AT TH[S HEARING, [FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: FINDING OF FA CT.• 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. (JUNK - OUTDOOR STORAGE) 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODF. ENFORCE~9ENT BOARD REGULAR MEETING-APRIL 15,2008 PAGE 13 OF 16 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. FLOYD A. AND MS. BRENDA J. RILEY HAVE VIOLATED SECTION 13-2. (JUNK -OUTDOOR STORAGE) 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. THERE WAS AN ADDITIONAL MOTION AND SECOND. VOTE: BOARD MEMBER WOOD: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER FAIR: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE MOTION CARRIED. Vice Chairperson Pitts said, "May 1 ask also that the PowerPoint presentation be entered into Evidence as `Winter Springs 1' for this Case." Further discussion. Next, Vice Chairperson Pitts recommended, "I would recommend - as our charts show that the Fine be a hundred dollars ($100.00) per day commencing on the sixth (6`I') day after Notice is received and two hundred and fifty dollars ($250.00) per day for a Repeat." Captain Tolleson suggested, "We will also Post the Property just as we did in the initial briefing." Vice Chairperson Pitts noted, "And we will give them five (5) days from the day that it is Posted -before the Fine starts." Vice Chairperson Pitts asked, "Can I have a Motion that we proceed with Relief Order ~A,~,~ "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER WOOD. DISCUSSION. VICE CHAIRPERSON PITTS ASKED, "WOULD THE CLERK PLEASE READ THE RELIEF ORDER USING THE FIGURES ONE HUNDRED DOLLARS ($100.00) PER DAY AND TWO-FIFTY (250)?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 14 OF 16 "THE CITY OF WINTER SPRINGS VERSUS MR. FLOYD A. AND MS. BRENDA J. RILEY, CASE NUMBER 07-0016771. HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (JUNK -OUTDOOR STORAGE) 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 FAIL 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, THE CODE ENFORCEMENT BOARD GIVES THE CODE ENFORCEMENT BUREAU THE AUTHORITY TO POST THE RESPONDENT'S PROPERTY." FULL READING BY ASSISTANT TO THE CITY CLERK HARKER. THERE WAS AN ADDITIONAL MOTION AND SECOND. VOTE: BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER FAIR: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRPERSON PITTS: AYE BOARD MEMBER WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE I S OF 16 PUBLIC HEARINGS- NEW CASES 502.6 Code Enforcement Bureau -Police Department CASE #08-0016791 629 Murphy Road James E. And Jeanne K. Lomneck Section 13-2. (Junk -Outdoor Storage) Date Of Service: Certified -Proof Of Delivery March 22, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 502.7 Code Enforcement Bureau -Police Department CASE #08-0016957 31 North Cortez Avenue Ronald G. Lesage And Corey A. Folan Section 20-411. And 20-434. (Trailer -Commercial) Date Of Service: Certified -Proof Of Delivery March 25, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC I~EARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. In other Code Enforcement Board business, Captain Tolleson mentioned, "We will be holding a four (4) hour Code Training Class again, hopefully, in May [2008]. So, if Mr. Kirby and Ms. Fair would like to attend, I can forward that to the Clerk to -get them that information." Tape i/Side B Discussion ensued on the Code Training Class. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -APRIL I5, 2008 PAGE 16 OF 16 Board Member Crenshaw asked, "Would you ask that they notify all of us?" Vice Chairperson Pitts said, "Yes, I might do it again." Further discussion ensued on the Code Training Class and a previous Code Enforcement Board Case. Next, Board Member Wood welcomed back Inspector Romero. ADJOURNMENT Vice Chairperson Pitts adjourned the Regular Meeting at 7:49 p.m. RESPECTFULL Y SUBMITTED: D IELLE HARKER A SISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the May, 20 2008 Code Enforcement Board Regular Meet~g.