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HomeMy WebLinkAbout2008 06 17 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 17, 2008 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, June 17, 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 Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Sheri P. Moore, present Board Member Gregory Roero, present Board Member Leah Weisman, present Board Member Laura-Leigh Wood, present Alternate Board Member Dale Kirby, present Alternate Board Member Maria Fair, absent [Excused] Chairnan Matisak stated for the Record, "Alternate Board Member [Maria] Fair -will be absent and that absence is Excused due to medical reasons. Since we do have all Board Members present this evening, Alternate Board Member [Dale] Kirby will not be in a Voting capacity." Next, Chairnan Matisak led the Invocation and Pledge of Allegiance. Continuing, Chairman Matisak inquired if there were any "Agenda Changes". Deputy City Clerk Joan Brown replied, "Yes, Sir. We will be hearing Agenda Items `502.6' and Agenda Item `502.8'." INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 2 OF 17 CONSENT CONSENT 200. Office Of The City Clerk Requesting Approval Of The May 20, 2008 Regular Meeting Minutes. Chairman Matisak noted, "Approval of the May 20~I' [2008] Regular Minutes. Do I have a Motion`?" "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER MOORE. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: 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 spoke briefly on a Conference in Daytona Beach, Florida that he would be attending. Discussion ensued on the Florida Association of Code Enforcement (F.A.C.E.) Conference and having Board Members possibly attend in the future. REPORTS 401. Office Of The City Clerk No Report. CITI' OF WINTER SPRINGS, FLORIDA MINUTES CODE F.NFORCENIENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 3 OF 17 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. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 501.1 Not Used. Deputy City Clerk Brown swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of tonight's Cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCE~9ENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 4 OF 17 PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS- NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #08-0016985 113 East SR 434 O-Mei International Inc. Section 16-87. (Banner Sign) Date Of Service: Certified -June 3, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEN' CASES 502.2 Code Enforcement Bureau -Police Department CASE #08-0017433 603 Alton Road Andrew C. And Marcia Jamieson Section 20-431., 20-432., 20-434. (Commercial Vehicle) Date Of Service: Certified -May 30, 2008 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #08-0017503 1069 Winding Waters Circle Bank Of New York Trustee FBO Section 13-2. (Stagnant Pool) Date Of Service: Certified -May 30, 2008 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 17, 2008 PAGE 5 OF 17 PUBLIC IIEARINCS-NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #08-0017550 631 Pearl Road Bank Of New York Trustee FBO Section 6-195. (Fence In Disrepair) Date Of Service: Certified -May 30, 2008 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #08-0017574 100 North Fairfax Avenue Steven J. And Cheryl S. Gray Life Estate (Gray Living Trust) Section Chapter 3 (Minimum Standards -Soffits) Date Of Service: Certified -June 3, 2008 Inspector -Jim Flannigan Tenant: Juan J. Perez-Gonzalez This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS- NE~~' CASES 502.6 Code Enforcement Bureau -Police Department CASE #08-0017576 624 Sailfish Road Gary D. Akers Section 6-46. (No Building Permit -Driveway) Date Of Service: Certified -May 30, 2008 Inspector -Jim Flannigan Deputy City Clerk Brown called the Case forward to the Board. Chairman Matisak asked, "Is the Respondent present for this Hearing?" Ms. Rosemary Romanczyk, 618 Vincent Place, Longwood, Florida: said, "Mr. [Gary] Akers is not here." Ms. Romanczyk continued, "I'm here for Jim Seratine. He is the one that - is rent with option to buy. Gary Akers is the Owner." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 6 OF 17 Chairman Matisak asked Ms. Romanczyk, "Are you the Respondent; are you Gary Akers?" Ms. Romanczyk replied, "No. He's not here." Chairman Matisak continued, "Are you a Tenant or are you Co-Owner of this Property or...?" Ms. Romanczyk stated, "...I'm a friend. Mr. Serafine is the one that is -buying the place and he's disabled." Chairman Matisak added, "The Owner Gary Akers..." Ms. Romanczyk noted, "...Is not present." Chairman Matisak inquired, "Are you an Attorney?" Ms. Romanczyk responded by saying, "No." Chairman Matisak asked Captain Tolleson, "Do we have any notarized piece of information -that she will be presenting any Testimony on behalf of -Gary Akers?" Captain Tolleson commented, "Not that I am aware of This is the first we heard of it." Continuing, Chairman Matisak said to Ms. Romanczyk, "You are not going to be able to present on behalf of the homeowner since you are not a legal representative -nor do you have any documentation that will allow the Board to recognize the fact that you will be presenting on their behalf. Now, if you wish to present Testimony -for character purposes, things of that nature, the Board will certainly hear that at the appropriate time. But, in -actually presenting the Case on behalf of the Respondent, unfortunately we would not be able to allow that this evening. Do you understand?" Ms. Romanczyk replied, "Yes, I do." Next, Chairman Matisak asked, "Who will be presenting on behalf of the City this evening?'" Captain Tolleson remarked, "That would be Corporal [Jim] Flannigan [Code Enforcement Officer, Code Enforcement Bureau, Police Department]." Corporal Flannigan stated, "This Property was originally cited on April 3, 2008 after I received a complaint of a driveway being installed possibly without a Permit. The Property failed re-inspection on April 8rl' [2008] and again on June 7~I' [2008]. Certified Mail was returned without signature to the address saying it was undeliverable to the Owner, Gary Akers. The Property was posted by me with a Notice on June 7`I' [2008] for the Meeting this evening. The Property is still in Non-Compliance and we are -asking for a Finding of Fact and Relief [Order].'' Chairman Matisak asked Corporal Flannigan, "Before we continue, do you want to enter this PowerPoint and its photographs into Evidence this evening?" Corporal Flannigan commented, "Yes, Sir. I do." Chairman Matisak stated, "The entire PowerPoint will be labeled as `WS I' for Evidence purposes. Do you have method of service?" Corporal Flannigan replied, "Just the Posting on the house that I did on the 7`I' [June 2008]." Chairman Matisak inquired, "Do you have the Returned [Receipt]?" Corporal Flannigan commented, "I do have the Returned [Receipt]." Chairman Matisak then stated, "Do you wish to enter that into Evidence?" Corporal Flannigan answered, "Yes, 1 do." Chairman Matisak added, "We will go ahead and enter service as `WS 2'." Photographs of the Property were shown. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCE~1ENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 7 OF 17 Corporal Flannigan stated, "I checked; as of today there's no Permit that has been pulled for this. I spoke with a Resident that was there a couple of days after this occurred..." Tape I /Side B Due to Technical DifJicullies. Sirte f3 ~a~ns partially recorded. Corporal Flannigan continued, "...He gave me the name of Paul's Asphalt that did the work. He advised that he was given a price, [believe it was three thousand dollars ($3,000.00). I asked him if he could show me some receipts or anything that would indicate that they had a Permit or any type of construction license or anything - he could not provide that to me. The only thing he had was a Casselber-y, Florida and phone number; that the phone number was disconnected the next day after they did the work." Discussion. Regarding why a Building Permit was needed, Corporal Flannigan explained, "This is all new. This used to be dirt. This went from dirt to asphalt." Further discussion. Chairman Matisak asked Ms. Romanczyk, "And how are you affiliated with James Serafine'?" Ms. Romanczyk replied, "I'm a caretaker for him." Discussion continued. Next, Chairman Matisak asked, "So, you and Mr. Serafine together were filling out paperwork for a Permit to pave the driveway because Mr. Serafine is going to lease option the home from Mr. Akers." Ms. Romanczyk replied, "Yes, Sir." Chairman Matisak continued, "You were told by the Paul's Asphalt that they would pull the Permits." Ms. Romanczyk replied, "1 was not told. Mr. Serafine was told." Continuing, Chairnan Matisak asked, "And Mr. Akers was not involved in this process at all`?" Ms. Romanczyk replied, "No, Sir." Chairman Matisak continued, "Was he aware, to your knowledge, that the driveway was going to paved?" Ms. Romanczyk replied, "I'm not aware." Further discussion. Chairman Matisak asked Corporal Flannigan, "Did you speak to Mr. Akers at all in this whole issue?" Corporal Flannigan replied, "No." Chairman Matisak continued, "Have you talked to Mr. Serafine?" Corporal Flannigan responded by saying, ``Yes, I did." Chairman Matisak inquired, "Did Mr. Serafine tell you that he was expecting Paul's Asphalt to pull the Permits?" Corporal Flannigan replied, "He did say that Paul's Asphalt advised him that there were Permits already pulled." Discussion. Alternate Board Member Kirby asked, "Who actually hired Paul's Asphalt, Mr. Serafine or Mr. Akers`?" Ms. Romanczyk replied, "Mr. Serafine." Further discussion. Regarding the Contract that Mr. Serafine had with Mr. Akers, Chairman Matisak said, "I just want to get a Point of Clarification here. The document that you are talking about is - a lease option. And you are discussing some of the contents of that. Have you seen the document yourself?" Ms. Romanczyk replied, "I saw it, but I didn't read it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 8 OF 17 Tape 2;Side A Discussion continued. Ms. Judy Arleen Peteroy, 624 Sailfish Road, Winter Springs, Florida: addressed the Board. "I AM GOING TO MOVE FOR A MOTION TO CONTINUE THE CASE UNTIL THE RESPONDENTS HAVE AN OPPORTUNITY TO WORK WITH THE CODE ENFORCEMENT BOARD AND THE BUILDING DEPARTMENT TO SEE IF IN FACT THIS CAN BE RESOLVED WITHOUT GOING THROUGH OUR PROCEDURE." MOTION BY VICE CHAIRMAN PITTS. VICE CHAIRMAN PITTS CONTINUED, "I THINK CONTINUING THIS CASE FOR THIRTY (30) DAYS WHILE THEY TRY AND WORK OUT THE DETAILS AND GETTING A PERMIT IS IN ORDER." MOTION DIED FOR A LACK OF SECOND. Much discussion ensued on the Finding of Fact for this Case. Captain Tolleson noted, "This Case is about `No Permit' and as much as they're willing to help, it's pretty much all immaterial because Mr. Akers is the Property Owner. He pays and receives Homestead Exemption on that Property currently, as of today." Captain Tolleson continued, "It is about `No Permit'; it's Mr. Akers problem." Discussion continued. "I WOULD LIKE TO GO AHEAD AND MAKE MOTION THAT WE USE PAGE 5 THAT THE ERROR OF THE BUILDING PERMIT STILL HAS NOT BEEN OBTAINED AND THAT THE VIOLATION STILL EXISTS." MOTION BY BOARD MEMBER CRENSHAW. CHAIRMAN MATISAK ASKED, "DO YOU WANT TO GET A READING FROM THE CLERK?" BOARD MEMBER CRENSHAW REPLIED, "FINE." "THE CITY OF WIN"TER SPRINGS VERSUS [MR.J GARY D. AKERS, CASE NUMBER 08-0017576. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND [MR.] GARY D. AKERS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: CITY OF WIN"l ER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 17, 2008 PAGE 9 OF 17 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 6-46. (NO BUILDING PERMIT -DRIVEWAY) 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. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT (MR.] GARY D. AKERS HAS VIOLATED SECTION 6-46. (NO BUILDING PERMIT - DRIVEVVAY) 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 DONE BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER MOORE. DISCUSSION. "I -WANT TO PUT A MOTION TO AMEND THAT IT WAS THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND -ROSEMARY ROMANCZYK AND JUDY PETEROY." AMENDMENT TO THE MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) BOARD MEMBER CRENSHAW: AYE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISn1AN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. C11~Y OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, ?008 PAGE 10 OF 17 VOTE: (MAIN MOTION AS AMENDED) BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Brief discussion. Board Member Laura-Leigh Wood suggested, "I would say that we need to give them seven (7) working days, like you suggested -and then we -would begin with a hundred dollar ($100.00) Fine." Ghainnan Matisak asked, "A Repeat'?" Board Member Wood replied, "Two-fifty [hundred dollars] ($250.00)." "SO MOVED -RELIEF ORDER A." MOTION BY BOARD MEMBER WOOD. CHAIRMAN MATISAK ASKED, "AND YOU WANT A READING FROM THE CLERK?" BOARD MEMBER WOOll AGREED TO THIS. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS [MR.) GARY D. AKERS, CASE NUMBER OS-0017576 -HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 6-46. (NO BUILDING PERMIT -DRIVEWAY) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) WORKING 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 ONE HUNDRED DOLLARS ($100.00) WILL BE IMPOSED PER DA1' 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 OF THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, ?008 PAGE I I OF 17 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 DONE BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER WEISMAN. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER MOORS: AYE MOTION CARRIED. Chairman Matisak asked Captain Tolleson, "On a 'No Permit' - if they get it done within seven (7) days, then the issue is taken care of and we are fine?" Captain Tolleson replied, "Well, I can pretty much assure you, you're not going to get that Permit in seven (7) days." Captain Tolleson continued, "With that being said, if we can get Mr. Akers to get in here and get this process started, because it's going to be a Permit after the fact anyway, then at least that will get the City's Engineering and Building hlspectors en route to go out -and see where we're at because depending on what's out there, it may have to all come up; every bit of it." Brief discussion. Chairman Matisak clarified, "Is what you are saying -after the seven (7) days, if Mr. Akers has come to your Department and has begun the process, got it started, whatever the case may be, than you will Certify that as being into Compliance?" Captain Tolleson replied, "Yes." Further discussion. PUBLIC HEARINGS- NEW CASES 502.7 Code Enforcement Bureau -Police Department CASE #08-0017635 269 Buttonwood Avenue Delia A. And Hernan Chavarro Section 6-46. (No Building Permit -Accessory Structure) Date Of Service: Certified -Proof Of Delivery June 2, 2008 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, ?008 PAGE 12 OF 17 PUBLIC HEARINGS- NEW CASES 502.8 Code Enforcement Bureau -Police Department CASE #08-0017639 852 Little Fawn Court Leo A. And Christine Lynn Section 13-2. (Stagnant Pool) Date Of Service: Certified - "Returned -June 2, 2008" Inspector -Cathy Davidson Deputy City Clerk Brown called the Case forward to the Board. Chairman Matisak asked, "Is the Respondent present this evening? Okay, seeing none." Next, Chairman Matisak inquired, "Who is going to be presenting on behalf of the City this evening?" Inspector Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department replied, "Myself. Inspector Davidson." Inspector Davidson stated, "This Property was sited on April 9, 2008 and given a Notice of Violation. It failed re-inspection on April 16, 2008, May 27, 2008 and again on June 12, 2008. The Property is still in Non-Compliance and we're asking for Finding of Fact and Relief [Order]." Photographs of the Property were shown. Chairman Matisak asked, "Do you want to enter in this PowerPoint and its photos into Evidence this evening`?" Inspector Davidson replied, "Yes." Chairman Matisak continued, "PowerPoint will be designated as `WS 1'. Do you have method of service in this Case'?" Inspector Davidson responded by saying, "Yes, I have Affidavit of Posting." Chairman Matisak inquired, "Would you like to enter that into Evidence?" Inspector Davidson replied, "Yes, I would. And some other paperwork that's going to go into Evidence." Inspector Davidson stated, "Affidavit of Posting was June 7, 2008." Chairman Matisak said, "The Affidavit -dated -June 7`I' of [20]'08 will be entered in as `WS 2' " Next, Inspector Davidson explained, "On April 9`I' [2008] this complaint came in by phone; it was anonymous caller that the pool water was stagnant. I went to this Property and walked to the door and rang the doorbell and no one answered. And I could see into the front hallway of the doorway and the Property is vacant." Discussion. Chairman Matisak asked, "Was it based on this picture we were able to determine that in fact there is a high probability there is a Stagnant Pool on the Pro~erty?" Inspector Davidson replied, "No, it was based on my observation on April the 9`' [2008] from the anonymous call for the Stagnant Pool in this photo. I didn't take the picture - on the first Inspection." CITY OF WINTER SPRINGS, FLORIDA MINUTES ('ODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 13 OF 17 Continuing, Inspector Davidson noted, "The Health Department was called on April 9`I' [2008] - and I don't know if they responded; probably not because the pool's still green. And this Property is in - lis pendens." Chairman Matisak asked, "What is the document that you want to enter into Evidence?" Captain Tolleson replied, "It is an Official Record from the Clerk of the Court that the lis pendens has been filed for on the Property -which means it's in foreclosure; foreclosure is pending and that was done on April 21 S` of [20]'08 by -Law Offices of Marshall C. Watson, P.A., who we've been dealing with on several properties throughout the City. And their Hearing is coming up." Chairman Matisak stated, "So, the lis pendens document will be entered in as `WS 3'." Further discussion. Chairman Matisak stated, "The Respondent is not present so we cannot inquire of - them." "I WOULD LIKE TO ISSUE A PAGE 5 MOTION AND COULD I HEAR A READING FROM THE CLERK." MOTION BY BOARD MEMBER WOOD. "THE CITY OF WINTER SPRINGS VERSUS [MR.] LEO A. AND [MS.] CHRISTINE LYNN, CASE NUMBER 08-0017639. 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 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. (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 NOT PRESENT AT THIS HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLAT[ON. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 14 OF 17 THEREFORE, I MOVE THAT THIS BOARD FIND THAT [MR.J LEO A. AND [MS.) CHRISTINE LYNN HAVE VIOLATED SECTION 13-2. (STAGNANT POOL) 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 DONE BY DEPUTY CITY CLERK BROWN. SECONDED BY V[CE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Discussion ensued on the Relief Orcler for this Case. "I MAKE A MOTION WE GO SEVEN (7) DAYS, ONE HUNDRED DOLLARS ($100.00) AND TWO-FIFTY [HUNDRED DOLLARS] ($250.00) FOR A REPEAT." MOTION BY BOARD MEMBER MOORE. CHAIRMAN MATISAK ASKED, "WOULD YOU LIKE THE CLERK TO GET A FULL READING OF RELIEF ORDER `A'?" BOARD MEMBER MOORE REPLIEll, "YES, IF THE CLERK COULD PLEASE -READ RELIEF ORDER ~A~ „ RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS [MR.J LEO A. AND [MS.J CHRISTINE LYNN, CASE NUMBER 08-0017639 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) 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. CITY OF WINTER SPRINGS, f-LORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 15 Of 17 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 TH[S 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 DONE BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER MOORE: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS -NEVI' CASES 502.9 Code Enforcement Bureau -Police Department CASE #08-0017669 151 North Bombay Avenue Anna M. Johnson Section 12-53. (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified -Proof Of Delivery June 4, 2008 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. CfrY OF WINI ER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 16 OF 17 PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC' HEARINGS -NON-COMPLIANCE CASES 503.1 Code Enforcement Bureau -Police Department CASE #OS-0010698 508 Shane Circle Daniel And Kay N. Johnson Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified -June 3, 2008 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. REGULAR AGENDA REGULAR 600. Not Used. Regarding when a Property is in the middle of foreclosure, Captain Tolleson said, "We also send regular mail a copy of everything to the Attorney of Record on the lis pendens." Board Member Sherri P. Moore informed everyone that this would be her last night as she has resigned from the Code Enforcement Board. Chairman Matisak stated, "I just wanted to take a moment before we adjourn this evening to thank the Clerk, Joan Brown, for an outstanding job for her first time going through our new processes." Chairman Matisak continued, "You did a fantastic job; thank you." Regarding Chairman Matisak speaking to the City Commission at the May 27, 2008 Regular City Commission Meeting, Chairman Matisak explained, "I was not able to speak to the Commmission just due to some issues that had come up and I do apologize about that. However, I did discuss -the Board's -unanimous Vote that we are willing to meet more than once a month; twice a month, if necessary; if that is needed in order to move. Cases forward. And understanding, I think, of what -the Board feels that it is - accornplishing its mission - and I think doing it very well. I will at the next Commission Meeting, present that - as asked by this Board and I do apologize for not being able to do it, but I think the message has gone out informally. But I will ensure that it gets out formally in the next Commission Meeting." Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JUNE 17, 2008 PAGE 17 OF 17 Chairman Matisak asked Captain Tolleson, "If the frequency in which we receive Cases is dependent upon you and your Department and that is defined by State Statute." Chairman Matisak continued, "With that said, is there - a need for us to meet twice a month -would there be Cases ready for us if we met twice a month?" Captain Tolleson replied, "Yes, if there was a need for that." Chairman Matisak asked, "At this time, do you feel that it is necessary for the Board to meet..." Tape 2/Side B Continuing, Chairman Matisak said, "...Bi-monthly, twice a month?" Captain Tolleson replied, "I would call the Meeting if I had a need for it currently." Further discussion. Furthermore, Chairman Matisak commented, "I would ask that if we are, or if you know, that we will be moving in that direction, that as a Board, we kind of get a heads up so that people can kind of adjust their schedules." Captain Tolleson stated, "You would be the first one I would notify." Discussion continued. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:12 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, DEP UTY CITY CLERK F AN ~IZOWN ~, 'sPUT`Y CITY CLER:!t NOTE: These Minutes were approved at the August 27, 2008 Code Enforcement Board Regular Meeting.