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HomeMy WebLinkAbout2009 01 20 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 20, 2009 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, January 20, 2009 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, absent [Unexcused] Board Member Dale Kirby, present Board Member Gregory Roero, present Board Member Leah Weisman, absent [Excused] Board Member Laura-Leigh Wood, present Alternate Board Member Carole Giltz, present Alternate Board Member Hugh Fisher, present Chairman Matisak stated for the Record, "Board Member [Leah] Weisman -has an Excused absence. Dick Crenshaw is Unexcused; which means -both Alternates will be in a Voting capacity. Alternate Board Member Carole Giltz and Alternate Board Member Hugh Fisher will be in a Voting capacity this evening." Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Continuing, Chairman Matisak inquired if there were any "Agenda Changes". Deputy City Clerk Danielle Harker replied, "Yes. Tonight we will be hearing Agenda Item 502.1 and Agenda Item 502.2." Deputy City Clerk Harker swore in the Winter Springs Code Enforcement hzspectof•s and those who may be providing Testimony during the presentation of tonight's Cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 2 OF 21 REGULAR AGENDA - TO BE THE FIRST AGENDA ITEMS PER POLICY REGULAR 600. Office Of The City Clerk Election Of Officers. Chairman Matisak explained the Election process to the Board. "MS. [LAURA-LEIGH] WOOD [FOR VICE CHAIR]." MOTION BY BOARD MEMBER ROERO. CHAIRMAN MATISAK NOTED, "SO, I HAVE A NOMINATION FOR BOARD MEMBER WOOD." CHAIRMAN MATISAK ASKED, "DO YOU ACCEPT THE NOMINATION?" BOARD MEMBER WOOD STATED, "I ACCEPT." SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE MOTION CARRIED. Discussion. Board Member James B. Pitts stated, "I nominate Greg[ory] Roero [for Chair]." Chairman Matisak asked Board Member Roero, "Do you accept..." Board Member Roero stated, "...I will decline that." "I WOULD LIKE TO NOMINATE MATT [MATISAK] [FOR CHAIR]." MOTION BY VICE CHAIRMAN WOOD. CHAIRMAN MATISAK REMARKED, "I WILL ACCEPT THE NOMINATION." SECONDED BY BOARD MEMBER PITTS. DISCUSSION. Board Member Roero stated, "Mr. Pitts [for Chair]." Chairman Matisak asked Board Member Pitts, "Do you accept the nomination?" Board Member Pitts replied, "No." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 3 OF 21 VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. REGULAR 601. Police Department -Code Enforcement Bureau Requests The Board Determine The Acceptable Qualification Of Posting For Calendar Year 2009. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "We would ask the Board to accept Posting of properties at minimum of ten (10) days prior to the Hearing." Chairman Matisak asked, "Do I have a Motion to accept?" "SO MOVED." MOTION BY BOARD MEMBER PITT5. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 4 OF 21 REGULAR 602. Police Department -Code Enforcement Bureau Requests The Board To Approve The Qualifications Of The Winter Springs Code Enforcement Officers. Captain Tolleson commented, "Captain Tolleson, Bureau Commander of the Code Enforcement Bureau; certified in Levels 1, 2, and 3 as well as the Florida Certified Code Enforcement Professional as well as Property Maintenance and Residential Building Inspector." Chairman Matisak asked, "Do I have a Motion to Approve Captain Tolleson's Qualifications as presented?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRMAN WOOD. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE MOTION CARRIED. Inspector Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department remarked, "I'm Code Enforcement Officer Cathy Davidson. I've been with the City eight (8) years. I have all three (3) Levels and I have permission to do my legal paper. And before this, I worked for the Town of Eatonville as their Code Enforcement Officer and also as a Reserve Officer. And while I was there, I also did training with Orange County and the City of Maitland and their Code Enforcement Division." Chairman Matisak asked, "When you say all three (3) Levels -all three (3) Levels of what?" Inspector Davidson replied, "Code Enforcement." Captain Tolleson explained, "They're offered through the Institute of Government in the State of Florida through UCF (University of Central Florida) and Level 1 is Code Enforcement; Level 2 is the Administration portion of Code Enforcement; Level 3 is the legal." Chairman Matisak asked, "Do I have a Motion to accept Inspector Davidson's Qualifications as presented?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 5 OF Z 1 VOTE: VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Corporal Jim Flannigan, Code Enforcement Officer, Code Enforcement Bureau, Police Department reported, "I'm Jim Flannigan, Winter Springs Police Department; I'm currently an Officer assigned to Code Enforcement; been employed there for nineteen (19) years; been in -Code Enforcement for the last eight (8) months. I just completed Level 1 Code Enforcement a couple months ago." Chairman Matisak said, "Congratulations." Next, Chairman Matisak asked, "Motion to Approve Officer Flannigan's Qualifications as presented?" "SO MOVED." MOTION BY VICE CHAIRMAN WOOD. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE MOTION CARRIED. Inspector Jose Romero, Code Enforcement Officer, Code Enforcement Bureau, Police Department commented, "I'm Jose Romero, Inspector. I've been with the City of Winter Springs for nineteen (19) years. I started doing Code Enforcement for the City when the Police Department took it over, approximately five (5) years ago. And I did it off and on for the City for a number of years." Chairman Matisak asked, "Do I have a Motion to -Approve Inspector Romero's Qualifications as presented?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRMAN WOOD. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 6 OF 21 VOTE: ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR 603. Police Department -Code Enforcement Bureau Requests The Board To Re-Adopt The Winter Springs Code Enforcement Board (WSCEB) Policy For Calendar Year 2009, With Any Amendments, If Applicable. Chairman Matisak asked, "Do I have a Motion to Approve?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRMAN WOOD. DISCUSSION. VOTE: VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR 604. Police Department -Code Enforcement Bureau Requests The Board To Re-Adopt The Finding Of Fact And Relief Order Scripts For Calendar Year 2009, With Any Amendments, If Applicable. Matisak asked, "Do I have a Motion to Approve?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRMAN WOOD. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 7 OF 21 VOTE: ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The November 18, 2008 Regular Meeting Minutes. Chairman Matisak asked, "Approval of the November 18`h [2008] Regular Meeting Minutes; do I have a Motion?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 8 OF 21 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Code Enforcement Bureau Captain Tolleson updated the Board on the Red Light Camera Program; and reminded the Board about the Code Enforcement Training Class on Wednesday, January 28, 2009 at 6:00 p.m. at the Winter Springs Police Department. Discussion. Board Member Dale Kirby mentioned, "I want to make the Board aware, this is one (1) more area that Winter Springs excels over our surrounding communities because there are several cities around us that do not even have people like this on board." REPORTS 401. Office Of The City Clerk Deputy City Clerk Harker addressed the Board on the Sunshine Law; asked Board Members to call her if a Board Member could not attend a Meeting; that one could not abstain from Approval of the Minutes; asked the Board to let her know if they would be attending Captain Tolleson's Code Enforcement Training Class; and advised the Board about the Winter Springs Community Visioning Workshop on February 26, 2009 and asked the Board to let her know if they would like to attend this Workshop. REPORTS 402. Code Enforcement Chair No Report. REPORTS 403. Code Enforcement Vice Chair No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 9 OF 21 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. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #08-0018335 207 West Panama Road Cisco Barros Section 6-46. (No Building Permit -Expired - Re/Roof) Date Of Service: Certified -Returned "Unclaimed" January 9, 2009 Inspector -Cathy Davidson Inspector Davidson stated, "This property was cited June 11th, 2008 and failed Re- Inspection on June the 28th, 2008. A Notice was Posted on the property on January Stn, 2009 -property is still in Non-Compliance. We are asking for Finding of Fact and Relief [Order] ." Chairman Matisak asked Inspector Davidson, "Do you have any Method of Posting and PowerPoint that you want to enter into Evidence this evening?" Inspector Davidson replied, "I do. I gave Danielle (Harker) the Posting and - it's an email between Michael Scheraldi, the Building Inspector, and myself -pertaining to the Permit." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 10 OF 21 Chairman Matisak stated, "The Method of Posting, this is signed on January 9"' [2009] for an address of 207 West Panama Road. We will go ahead and enter that in as `WS 1'. Then your PowerPoint -are their photographs in there?" Inspector Davidson replied, "Yes." Chairman Matisak continued, "On associated photographs, do you want to enter that into Evidence as well?" Inspector Davidson responded, "Yes." Chairman Matisak noted, "We will enter -the PowerPoint and also all associated photographs as `WS 2'." Inspector Davidson restated, "An email between myself and the Building Inspector, Michael Scheraldi." Chairman Matisak said, "We will enter in the email communication as `WS 3'. Inspector Davidson read the email into the Record. Chairman Matisak asked Inspector Davidson, "For the Record, can you mention who Michael Scheraldi is?" Inspector Davidson replied, "Michael Scheraldi is the Building Inspector for the City of Winter Springs." Photographs of this property were shown. Much discussion. Captain Tolleson stated, "In [Section] 6-4. of our own Code, it says `Any person who shall violate a provision of this Chapter or fail to comply herewith or with any of the requirements hereof which would be the permit `Or who shall erect, construct, alter or repair, or has erected, constructed, altered, or repaired a building or structure in Violation of detailed statement or plans submitted' which would have been -the plan for the re- roofbecause he would have had to attach how many squares - `Or a permit or civic issued hereunder shall be Guilty of - a Violation of this Code and shall be punished in accordance with this Section." Chairman Matisak asked, "Do we have a copy of the Plans and the Application?" Captain Tolleson replied, "No." Discussion. Chairman Matisak inquired, "Specifically, what Section of -this Code, does it Violate?" Captain Tolleson responded, "That was [Section] 6-4." Discussion continued. Chairman Matisak remarked, "So, in actuality, he is in Violation of [Section] 6-4. and not [Section] 6-46.?" Captain Tolleson exclaimed, "Request this be Postponed to..." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 11 OF 21 Tape 1/Side B Captain Tolleson continued, "...Allow Inspector Davidson to get a copy of the permit and have the Building Inspector here to speak to Mr. Pitts himself." Chairman Matisak restated, "We have a request to continue the Case from -the City." Further discussion. Regarding the Property, Captain Tolleson commented, "It's actually vacated." Board Member Kirby asked, "Right now?" Captain Tolleson replied, "Yes." Board Member Kirby continued, "I thought he was coming back and forth to talking to you guys." Captain Tolleson responded, "That was his claim in July, yes Sir. He has not returned since." Discussion. "I WOULD PREFER TO GO TO PAGE 4 -MOTION WHERE VIOLATION IS FOUND NOT TO EXIST." MOTION BY BOARD MEMBER PITTS. CHAIRMAN MATISAK ASKED, "ARE YOU MAKING THAT A MOTION?" BOARD MEMBER PITTS REPLIED, "I'M MAKING THAT A MOTION." DISCUSSION. CHAIRMAN MATISAK ASKED BOARD MEMBER PITTS, "DO YOU WANT TO REQUEST A FULL READING FROM THE CLERK?" BOARD MEMBER PITTS REPLIED, "SHE CAN READ IT." "THE CITY OF WINTER SPRINGS VERSUS CISCO BARROS, CASE NUMBER 08-0018335. 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 NOT PROVEN HER CASE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT CISCO BARRO5 -HAS NOT VIOLATED SECTION 6-46. OF THE CITY CODE AND A JUDGMENT OF "NOT GUILTY" BE ORDER FOR THE RECORD." FULL READING DONE BY DEPUTY CITY CLERK HARKER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CHAIRMAN MATISAK ASKED, "IS THERE ANYBODY PRESENT AT THIS TIME TO PRESENT TESTIMONY ON BEHALF OF THE RESPONDENT, CISCO BARROS -LET THE RECORD REFLECT THAT NO ONE HAS COME FORWARD. CHAMBERS ARE EMPTY OTHER THAN THE CODE OFFICERS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 12 OF 21 MUCH DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE CHAIRMAN MATISAK: NAY BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: NAY ALTERNATE BOARD MEMBER GILTZ: NAY ALTERNATE BOARD MEMBER FISHER: NAY MOTION DID NOT CARRY. Chairman Matisak stated, "I think we have a few issues here. One is some confusion as to -what -was actually submitted; what was actually Violated -the Permit is expired, but for what; what was the project. It is roofing. That is -hard to tell. I think for me personally, I am missing -some key components here in order to make a determination myself. I would like to -have the Building Inspector here to present Testimony. I do not think the email was adequate enough, at least for me, to make a determination. And I would like - to be provided the opportunity to review the Statute so I can see where exactly the -Violation is taking place." Discussion. Board Member Kirby requested, "What I would like to see in the future when you write these up -the way they had this written `Section 6-46. (No Building Permit -Expired - Re/Roof)'. This is not the issue. The issue was the original Building Permit, which they had, had expired. That is the Case. The Building Permit had expired; they have not reapplied for a new Permit." Board Member Kirby continued, "It is not `No Building Permit -Expired - Re-Roof ." Further discussion. "MAKE A MOTION THAT INDEED - MR. BARROS WAS -GUILTY." MOTION BY VICE CHAIRMAN WOOD. CHAIRMAN MATISAK ASKED, "PAGE 5?" VICE CHAIRMAN WOOD REPLIED, "PAGE 5 - COULD I GET A READING OF THAT?" CHAIRMAN MATISAK SAID, "WE HAVE A PAGE 5 MOTION AND A REQUEST FROM THE CLERK FOR READING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 13 OF 21 "THE CITY OF WINTER SPRINGS VERSUS CISCO BARROS, CASE NUMBER 08-0018335. 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: 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 -EXPIRED - RE-ROOF) 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. 5. THE VIOLATION CONTINUES TO EXIST - UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT CISCO BARROS HAS VIOLATED SECTION - 6-46. (NO BUILDING PERMIT -EXPIRED - RE- ROOF) 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 HARKER. MOTION DIED FOR LACK OF A SECOND. Chairman Matisak told Captain Tolleson, "I think there are some missing pieces here, not only from the Building Inspector, but also from the Respondent. Is it possible -should this Board decide to continue the Case, is it possible, and I do not know what the procedure would be - to have those individuals subpoenaed?" Captain Tolleson replied, "Absolutely." Chairman Matisak continued, "The Board itself cannot subpoena, correct?" Captain Tolleson responded, "That's correct." Chairman Matisak noted, "I would -make that suggestion." Chairman Matisak added, "I think that would help explain a few things -and some missing pieces here." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 14 OF 21 "I AM GOING TO MAKE A MOTION TO CONTINUE THE CASE - I WILL GO AHEAD AND DO THE READING ON IT. MOTION TO CONTINUE -CITY OF WINTER SPRINGS VERSUS - CISCO BARROS, CASE NUMBER 08-0018335. I MOVE THAT THIS CASE BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE CODE ENFORCEMENT BOARD AS THE EVIDENCE AND TESTIMONY PRESENTED WAS INSUFFICIENT TO ALLOW THE BOARD TO RENDER A JUST AND FAIR RULING -LET THE RECORD SHOW THAT CISCO BARROS - IS NOT PRESENT AT THIS PROCEEDING. THEREFORE, HAS NOT WAIVED THEIR RIGHT TO FORMAL NOTIFICATION. THEREFORE, I ALSO MOVE THAT THE BOARD ORDER THE CODE ENFORCEMENT OFFICER TO NOTIFY THE RESPONDENTS OF THE CONTINUED CASE AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. I FURTHER SUGGEST THAT THE CITY ISSUE A SUBPOENA FOR BOTH THE -BUILDING INSPECTOR AS WELL AS THE RESPONDENT -THAT IS A SUGGESTION ONLY. SO, THAT THE BOARD CAN GET THE NECESSARY INFORMATION TO MOVE THIS CASE FORWARD. LET THE RECORD SHOW THAT THE RESPONDENT HAS NOT WAIVED THEIR RIGHT TO FORMAL NOTIFICATION THEREFORE -THE BOARD ORDERS THAT THE CODE ENFORCEMENT OFFICER NOTIFY THE RESPONDENT OF THE CONTINUED CASE AS PRESCRIBED BY SECTION 162.12 OF THE FLORIDA STATUTES." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: NAY BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE MOTION CARRIED. Chairman Matisak asked Captain Tolleson, "Will this Case be brought up at the next regularly scheduled Meeting of the Code Enforcement Board?" Captain Tolleson replied, "Depending on what's already scheduled; it will be at the most available." Chairman Matisak continued, "If possible, I would like to see if we can try to get this rectified." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 15 OF 21 Board Member Kirby requested, "When he comes back at the next Meeting, can we have our -Building Code; we have our Building Permit; and we have all that stuff that is required for a Building Permit Application in front of you, please?" Captain Tolleson remarked, "That's my fault; I left without grabbing it." PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #08-0019012 8 Gumtree Court Paul Matus Section 12-53. (Unlicensed Motor Vehicle) Date Of Service: Certified -December 24, 2008 Inspector -Jose Romero Chairman Matisak asked, "Who will be presenting Testimony on behalf of the City this evening?" Inspector Romero replied, "Officer Romero." Chairman Matisak continued, "Do you have any items to be presented into Evidence?" Captain Tolleson responded, "The Notice of Posting, the PowerPoint and the pictures." Chairman Matisak noted, "Method of Posting be entered into Evidence dated January 9th [2009] addressed to 8 Gumtree Court, that will be marked as `WS 1'. And the PowerPoint and any associated photographs will be marked in as `WS 2'." Inspector Romero stated, "Was cited on August 19th, 2008; issued a Notice of Violation. Re-Inspection was done on September 10`" [2008]; October 28th [2008]; November 2"a, [2008]; and January 4th, 2009. Certified mail was returned on October 10th, 2008 and the property was Posted on January 9th, 2009. Certified was returned January 11th, 2009 unclaimed. Registration was checked on January 9th, 2009 and is still expired. Currently there was a Maintenance Lien against it. Also, on today's date, at 17:41 hours, I go to check the VIN (Vehicle Identification Number) number on the vehicle and tag and it still come back expired." Photographs of this Property were shown. Chairman Matisak asked, "Where was -this photo taken?" Inspector Romero replied, "I believe she took it from the road." Chairman Matisak continued, "How did we get the plate number?" Inspector Romero responded, "Originally, the vehicle was turned around where we could see the plate. Since then he's backed it up and put a `For Sale' sign on it." Chairman Matisak inquired, "How do we verify that it -failed Re-Inspection? It was turned around at that point in time?" Inspector Romero mentioned, "At that point in time, it had been turned around. We ran the VIN (Vehicle Identification Number) number and it comes back still expired." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 16 OF 21 Chairman Matisak stated, "Let us see if the Respondent or representative of the Respondent -Paul Matus would like to present Testimony in this Case at this time. Let the Record reflect that the Respondent is not present. The Chambers are empty." Further discussion. "I MAKE A MOTION THAT THE VIOLATION IS FOUND TO BE -HERE ON PAGE 5. CAN I HAVE A READING, PLEASE?" MOTION BY VICE CHAIRMAN WOOD. "THE CITY OF WINTER SPRINGS VERSUS MR. PAUL MATUS, CASE NUMBER 08-0019012. 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 HIS CASE BASED ON THE FOLLOWING: FINDING OF FACT: 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 12-53. (UNLICENSED MOTOR VEHICLE) OF THE CITY CODE EXISTED. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES. 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 MR. PAUL MATUS HAS VIOLATED SECTION 12-53. (UNLICENSED MOTOR VEHICLE) 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." SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 17 OF 21 VOTE: BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. Vice Chairman Wood suggested, "I would like to say that we should impose a Fine of fifty [dollars] ($50.00) and then a hundred [dollars] ($100.00) for Repeat; seven (7) days." Brief discussion. "I WOULD LIKE TO MAKE THAT MOTION. WILL YOU READ IT FOR ME PLEASE?" "THE CITY OF WINTER SPRINGS VERSUS MR. -PAUL MATUS, CASE NUMBER 08-0019012 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 12-53. (UNLICENSED MOTOR VEHICLE) 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 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 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 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." FULL READING DONE BY DEPUTY CITY CLERK HARKER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 18 OF 21 SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN MATISAK: AYE. BOARD MEMBER PITTS: AYE BOARD MEMBER KIRBY: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #08-0019051 886 Chokecherry Drive Carl And Jill Davidson Section 12-53. (Unlicensed Vehicle) Date Of Service: Certified -December 26, 2008 "Returned -Unclaimed" Inspector -Jose Romero Vehicle Owner: Katherine S. Platt This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #08-0019363 1205 Wolverine Trail Sheila M. Ramus Section 6-195. (Fence In Disrepair) Date Of Service: Certified -Proof Of Delivery December 22, 2008 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 19 OF 21 PUBLIC HEARINGS -NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #08-0019520 375 South Moss Road Thomas G. And Traci M. Temmel Section 13-2. (Stagnant Pool) Date Of Service: Certified -December 22, 2008 "Returned" Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.6 Code Enforcement Bureau -Police Department CASE #08-0019553 780 Night Owl Lane Huong Tran Section 13-2. (Stagnant Pool) Date Of Service: Certified -Proof Of Delivery December 29, 2008 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.7 Code Enforcement Bureau -Police Department CASE #08-0019627 944 March Hare Court William B. Horter III Section 13-2. (Stagnant Pool) Date Of Service: Certified -Returned "Unclaimed" January 13, 2009 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 20 OF 21 PUBLIC HEARINGS -NEW CASES 502.8 Code Enforcement Bureau -Police Department CASE #08-0019637 1116 Seafarer Lane Janene M. And Robert F. Black Section 20-411. And 20-434. (Trailer -Oversized) Date Of Service: Certified -Proof Of Delivery December 26, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.1 Code Enforcement Bureau -Police Department CASE #OS-0008362 975 Turkey Hollow Circle Rodney And Natalie Glisan Section 20-411. And 20-431. (Trailer) Date Of Service: Certified -Proof Of Delivery December 20, 2008 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. REGULAR AGENDA REGULAR 600. Not Used. In other City business, Vice Chairman Wood asked Captain Tolleson about the parking on the lawns. Captain Tolleson mentioned that two (2) Public Hearings needed to be done prior to it being enacted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 20, 2009 PAGE 21 OF 21 ADJOURNMENT Chairmzl~ Matis~,k adjourned the Regular Meeting at 8:21 p.m. RE;SPECTF'~''LL ,Y S JBMITTED: _ ! ~' D IELLE H~~~KEFc 1J tJTY ~:~TY CL~:'I~K NOTE: These Minutes were approved at the February 17, 2009 Code Enforcement Board Regular Meeting.