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HomeMy WebLinkAbout2009 05 20 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 20, 2009 CALL TO ORDER The Code Enforcement Board Regular Meeting of Wednesday, May 20, 2009 was called to Order at 7:01 p.m. by Chairman Laura-Leigh Wood, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura-Leigh Wood, present Board Member Dick Crenshaw, present Board Member Carole Giltz, present Board Member Dale Kirby, present Board Member James B. Pitts, present Board Member Gregory Roero, absent Board Member Leah Weisman, present Alternate Board Member #1 Hugh Fisher, present Alternate Board Member #2 Arsenio Calle, present Next, Chairman Wood led the Invocation and Pledge of Allegiance. Chairman Wood stated, "We will be having the Election of Vice Chair." CHAIRMAN WOOD STATED, "I WOULD LIKE TO NOMINATE JIM PITTS AS VICE CHAIR. SECONDED BY BOARD MEMBER KIRBY. DISCUSSION. VOTE: BOARD MEMBER KIRBY: AYE BOARD MEMBER PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER FISHER: AYE MOTION CARRIED. Vice Chairman Pitts stated, "I am delighted to be with this -group." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 2 OF 11 Deputy City Clerk Joan Brown swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of tonight's Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The Apri121, 2009 Regular Meeting Minutes. Chairman Wood asked, "We would now need to have an Approval of the previous Minutes." "I SO MOVE." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. Chairman Wood welcomed new Alternate Board Member Arsenio Calle to the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 3 OF 11 REPORTS REPORTS 400. Code Enforcement Bureau Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "We are in the final stages of installing an additional Red Light Camera which will be at Vistawilla [Drive] and State Road 434." 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 -MAY 20, 2009 PAGE 4 OF 1 ] 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 #09-0020240 144 Cherry Creek Circle Avelo Mortgage LLC Section 13-2. (Stagnant Pool) Date Of Service: Certified -Proof Of Delivery May 1, 2009 Inspector -Jim Flannigan Inspector Jim Flannigan, Code Enforcement Officer, Code Enforcement Bureau, Police Department stated, "This Violation was first observed on March 24, 2009 and Notice of Violation was mailed to Avelo Mortgage LLC and received on April 7, 2009. The Property failed Re-Inspection on April 15, 2009; April 20, 2009; April 24, 2009; and May 13, 2009. I spoke with a company representative on April 15, 2009, to correct the Pool Violation, and he advised that he would have it corrected. I spoke to another member of the company - on May 13, 2009; advised him of the Violation and advised him also of this Meeting this evening. He said he was going to get the Violation corrected by draining the pool and covering it which as of about a half hour ago, he has not. This Property is still in Non-Compliance and we are asking for a Finding of Fact and Relief [Order]. This is a picture of the house. It is currently vacant and has been so for a while." Photographs of this property were shown. Captain Tolleson stated, "We would like to enter this PowerPoint presentation as Exhibit `WS 1' for the Record." Discussion. Continuing, Captain Tolleson added, "Also, we would like to enter into Evidence a Return Receipt from the [Avelo] Mortgage Company [LLC] where they have signed for the Notice." "I WOULD LIKE TO MAKE THAT MOTION OF FINDING OF FACT." MOTION BY BOARD MEMBER WEISMAN." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 5 OF 11 CHAIRMAN WOOD STATED, "SHE IS MAKING AMOTION -FINDING OF FACT - ON PAGE 5." "THE CITY OF WINTER SPRINGS VERSUS AVELO MORTGAGE LLC, CASE NUMBER 09-0020240. 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: 1. 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 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 AVELO MORTGAGE LLC HAS 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 VICE CHAIRMAN PITTS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 6 OF I 1 VOTE: ALTERNATE BOARD MEMBER FISHER: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Discussion ensued on the Relief Order for this Case. Continuing, Chairman Wood stated, "We are talking about Relief Order `A' -and what amount?" BOARD MEMBER WEISMAN REPLIED, `MOTION - TWO-FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED ($500.00) [DOLLARS]." MOTION BY BOARD MEMBER WEISMAN. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS AVELO MORTGAGE LLC, CASE NUMBER 09-0020240 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN ('n 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 TWO HUNDRED AND FIFTY DOLLARS ($250.00) 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 FIVE HUNDRED DOLLARS ($500.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 7 OF 11 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 CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: NAY BOARD MEMBER KIRBY: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.1 CASE #08-0018432 1704 Seneca Boulevard Ronald K. Schroeder Section 13-2. (Stagnant Pool) Date Of Service: Certified - Inspector -Jim Flannigan Chairman Wood stated, "Let the Record show that the Respondent was not present. PowerPoint will be "WS 1'." Inspector Flannigan stated, "This Case was originally heard before this Board on November 18th, 2008. The Board found that Ronald [K.] Schroeder was in Violation of Section 13-2. Stagnant Pool. Ronald [K.] Schroeder was not present at that Meeting. He was found Guilty of Section 13-2. Stagnant Pool and given seven (7) days after Notification to correct this Violation. Relief Order was mailed via Certified Mail and First Class Mail and the Certified Mail was returned `Undeliverable'. There was an error on there, it was my fault -First Class Mail was also returned as `Undeliverable'. It is a vacant house. This Property is still in Violation and failed Re-Inspection after the Relief Order on March 1St, 2009; March 23`d, 2009; March 24th, 2009; March 28th, 2009; March 29th; 2009; April 1St, 2009; Apri12"d, 2009; April 15th, 2009; Apri121st, 2009; Apri124th, 2009; April 30th, 2009; May 5th, 2009; May 13th, 2009; May 14th, 2009; May 18th, 2009; and May 19th, 2009. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 8 OF 11 1704 Seneca Boulevard was Posted by myself, Officer Flannigan on May 8`", 2009 with Notice of this Hearing. We are asking for Finding of Fact and Relief [Order] in the amount of two hundred and fifty [dollars] ($250.00) per day for sixteen (16) days. Total amount, this time is four thousand dollars ($4,000.00). We are requesting that the Fine be increased to five hundred dollars ($500.00) per day after Notice ofNon-Compliance." Chairman Wood stated, "I just want to be clear, that it has never been corrected." Inspector Flannigan replied, "It has never been corrected." Photographs of this property were shown. Board Member Weisman asked, "Since it is an empty house, did anyone actually get the Notification?" Inspector Flannigan replied, "It was Posted on the Property. We made several attempts, mailed Certified Mail..." Chairman Wood asked, "...Would you like to enter that?" Inspector Flannigan stated, "We do have that, but they were returned." Chairman Wood then asked, "What number are we on now? [WS] 2." Captain Tolleson commented, "Just for informational purposes, this particular Property is not in foreclosure nor has there been a les pendens Filed on this Property. He actually still owns it." "I WOULD LIKE THE CLERK TO READ FINDING OF FACT ON -WHERE VIOLATION IS FOUND TO HAVE EXISTED AS OF THIS HEARING AND MOVE THAT IT BE READ INTO RECORD." MOTION BY VICE CHAIRMAN PITTS. CAPTAIN TOLLESON STATED, "ACTUALLY, IT IS PAGE 14. IT IS GOING TO BE A MOTION TO ENFORCE THE RELIEF ORDER OF NON- COMPLIANCE." VICE CHAIRMAN PITTS STATED, "I STAND CORRECTED." MOTION TO ENFORCE ORDER FOR NON-COMPLIANCE "THE CITY OF WINTER SPRINGS VERSUS RONALD K. SCHROEDER, CASE #08-0018432. 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: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND "GUILTY" OF VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 9 OF 11 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 FOUR THOUSAND DOLLARS ($4,000.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." FULL READING DONE BY CAPTAIN TOLLESON. SECONDED BY ALTERNATE BOARD MEMBER FISHER. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER FISHER: AYE BOARD MEMBER KIRBY: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. "I MOVE THAT WE HAVE A MOTION TO AMEND FINE FOR NON- COMPLIANCE." MOTION BY VICE CHAIRMAN PITTS. DISCUSSION. MOTION TO AMEND FINE FOR NON-COMPLIANCE "THE CITY OF WINTER SPRINGS VERSUS RONALD K. SCHROEDER, CASE # 08-0018432. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT SUFFICIENT EVIDENCE EXISTS TO AMEND THE FINE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND "GUILTY" OF VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE AND WAS ORDERED TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE I 0 OF 1 I 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. THE BOARD FINDS THAT SUFFICIENT PROOF EXISTS THAT THE FINE SHOULD BE AMENDED. THEREFORE, I MOVE THAT THE REQUESTED FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) WILL BE IMPOSED PER DAY BE AMENDED TO A FINE OF FIVE HUNDRED DOLLARS ($500.00) PER DAY AND THAT THE CITY IMMEDIATELY CONTINUE THE ENFORCEMENT OF THIS FINE UTILIZING THE AMENDED AMOUNT." FULL READING BY DEPUTY CITY CLERK BROWN. SECONDED. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER FISHER: AYE BOARD MEMBER KIRBY: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Tape 1/Side B Clarification of the Fine for the Order ofNon-Compliance was Verified. Chairman Wood noted, "For the Record, I would like to say that Board Member Roero is absent this evening and Alternate Board Member Fisher will be in a Voting capacity this evening. Chairman Wood then added that regarding Board Member Roero, "He is Excused for the Record." Regarding the Agenda copy at each Seat, Chairman Wood stated, "Just to be clear, continue to have it mailed to us?" Board Member Kirby replied, "Yes." Chairman Wood then added, "Bring our original copy that was mailed." Chairman Wood clarified, "Would you be able to not make as many copies?" Deputy City Clerk Brown stated, "Yes." There were no objections voiced. Chairman Wood reminded the Board Members that there will not be a June Code Enforcement Board Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 20, 2009 PAGE 11 OF I ] Lastly, Chairman Wood asked that an email be sent to remind the Board Members to attend the City Commission Special Meeting on Tuesday, May 26, 2009 as the Code Enforcement Bureau will be recognized for Code Enforcement Officer's Week. Deputy City Clerk Brown acknowledged the request. In other City business, Captain Tolleson showed recent videos related to Red Light Camera infractions to the Board Members. REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 8:02 p.m. RESPECTFULLY SUBMITTED: ~f'~ p " L. BROWN I'Y CITY CLERK NOTE: These Minutes were approved at the July 21, 2009 Code Enforcement Board Regular Meeting.