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HomeMy WebLinkAbout2009 09 15 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, September 15, 2009 was called to Order at 7:00 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 Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Carole Giltz, present Board Member Dale Kirby, present Board Member Gregory Roero, present Board Member Leah Weisman, present Alternate Board Member #1 Hugh Fisher, present Alternate Board Member #2 Arsenio Calle, present Chairman Wood noted, "With all Board Members being present this evening, our Alternates [Board Member #1] Hugh Fisher and [Board Member #2] Arsenio Calle will not be in Voting capacity this evening." Next, Chairman Wood led the Invocation and Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes None were noted. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 2 OF 20 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The August 18, 2009 Regular Meeting Minutes. "I MOVE THAT THE MINUTES OF THE MEETING OF AUGUST 18 [2009] BE APPROVED AS WRITTEN." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KIRBY: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AGENDA AWARDS AND PRESENTATIONS 300. Not Used. AGENDA NOTE: REPORTS WERE NOT HEARD NEXT; HOWEVER THEY WERE HEARD LATER IN THE MEETING AS SHOWN ON PAGE 19 OF THESE MINUTES. PUBLIC INPUT WAS HEARD NEXT FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. PUBLIC INPUT Chairman Wood recognized Deputy Mayor Joanne M. Krebs and thanked her for being present in the audience. No one spoke. Chairman Wood asked if there were any changes to tonight's Agenda. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department, replied, "Yes, you will be hearing Cases 502.1, 502.2, 502.3, 502.4, 502.5, 502.12 and 503.1." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 3 OF 20 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 #1220900003107 Elizabeth Steamer And James Richard Jupena 2945 Broadleaf Court Oviedo, Florida 32765 -7287 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson noted he was presenting this Case and Respondent Mr. James Richard Jupena was present. Mr. Richard Jupena, 2945 Broadleaf Court, Oviedo, Florida: announced, "I filed a Notice of Appearance on behalf of myself as well as my wife. I do have a Motion to Dismiss on this matter before we take Testimony." Chairman Wood reminded the Board that this was based on Evidence that will be reviewed and asked Captain Tolleson to begin his presentation. Mr. Jupena pointed out "Part of it is Motion of accused, the panel as a whole. I requested a Judge on this matter in accordance with the traffic rules, so I would like an impartial panel, not a political entity to actually hear the matter." Mr. Jupena proclaimed, "I would also like to dismiss the Case for lack of jurisdiction." Mr. Jupena noted, "Chapter 316.007 specifically says you can't set up a judiciary, you can only set up or give an Ordinance that is covered under the traffic rules or Traffic Code in order to set jurisdiction within the Court. By not granting the opportunity to have this heard before a Judge, you're violating that Statute. So, I move to Dismiss on those grounds." Discussion. Chairman Wood respectfully rejected Mr. Jupena's request. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 4 OF 20 Captain Tolleson introduced a PowerPoint presentation for this Case furnishing a copy of a disc that was entered into the record as "WSRL 1 Mr. Jupena objected based on authentication believing it to be an altered document. Chairman Wood asked Captain Tolleson to proceed. With further comments, Captain Tolleson noted, "This is a copy of the Affidavit of non- responsibility for Mrs. Jupena, which says she has no independent knowledge and therefore would not be held responsible this evening as they come in they are scanned in through ATS (American Traffic Solutions) and provided in the Evidence package." Tape 1 /Side B Note: Due to technical difficulties, portions of Side B were inaudible. Captain Tolleson referred to and stated "City Exhibit's `WSRL 2', which is the `A' frame shot, which shows the blue Toyota with the red light and the vehicle at the stop bar." Mr. Jupena objected. Chairman Wood noted, "For the Record it is overruled." Continuing, Captain Tolleson then said, "This will be City's Exhibit `WSRL 3' which shows the red light and Mr. Jupena's vehicle in the intersection." Mr. Jupena also objected to this. Captain Tolleson explained, "This is `WSLR 4' for the City's Exhibit, which shows the license plate." Mr. Jupena again objected. Further discussion. Captain Tolleson informed the Board he did not receive any request from Mr. Jupena. Chairman Wood overruled Mr. Jupena's objection and accepted "WSLR 4" for Evidence. Continuing, Captain Tolleson showed a video and said, "This is City's Exhibit `WSRL 5', it is the deployment start date of the camera equipment." Mr. Jupena objected. Chairman Wood overruled the objection. Captain Tolleson described the status of the light being operable and commented "This is a Violation Evidence Report, which is City's Exhibit `WSRL 6', which has the Violation Data Report." Mr. Jupena objected again. Chairman Wood overruled Mr. Jupena's obj ection. Next, Captain Tolleson then presented, "`WSRL 7', which is Violations Notes Report," and added, "That is all I have for this Case." Discussion. Tape 2 /Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 5 OF 20 "I MAKE A MOTION THAT WE FIND THE RESPONDENT ELIZABETH STEAMER AND JAMES RICHARD JUPENA GUILTY OF ORDINANCE 2008- 27, SECTION 12 -83.; ADHERENCE TO STOPPING AT RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY VICE CHAIRMAN PITTS. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.2 Code Enforcement Bureau Police Department CASE #1220900002661 Fred J. And Linda J. Amerault 569 Lake Eagle Lane Sanford, Florida 32773 -4346 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented a PowerPoint presentation for the City of Winter Springs and then displayed a copy of the Notice of Infraction sent to the Respondent along with the notification of tonight's Hearing. Captain Tolleson referenced, "This is `WSRL 2', which is part of the City's Exhibit, as well as `WSRL 1' will again be the CD." Captain Tolleson continued, "City's Exhibit `WSRL 3' is the `B' shot that is taken. As you can see again in lane 3, phase was red for approximately 1.8 seconds." Captain Tolleson supplied `WSRL 4', the license plate photo for the Record Evidence. Next, the video was shown. Again, Captain Tolleson stated, "The sign posted that it is photo enforced and is still at 323 feet. This is City's Exhibit `WSRL 5' which shows on the 15 (of June) they ran an operational test of the system and was operational at that time." Captain Tolleson added, "This is `WSRL 6', which is the Violation Data Report again has the information from Mr. (Fred) Amerault the date of the Violation and the time as well as the issue date and appearance date." Captain Tolleson showed City's Exhibit "WSRL 7 and explained, "Are all the notes associated with this Case." He then closed by stating, "The City has no further Testimony." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 6 OF 20 Board Member Dale Kirby asked, "Did we get the Affidavit signed that Linda J. Amerault was not driving this vehicle Captain Tolleson replied, "No Sir, we did not receive that." With discussion, Board Member Gregory Roero said to Mr. Amerault, "Is that your car Mr. Fred J. Amerault, 569 Lake Eagle Lane, Sanford, Florida: responded, "Absolutely." Captain Tolleson remarked, "Actually, the Code says that it [Infraction] goes to the registered Owner of the vehicle. If that is not the Owner, as it was in the Notice, you could have filed the Affidavit that it was not you." Discussion ensued on the Certification of the equipment. Captain Tolleson explained Florida Statutes 162, noting the opportunity to file in Circuit Court an Appeal to the Code Enforcement Board's decision. Further discussion. Chairman Wood asked Board Member Kirby to once again explain what the Code Enforcement Board's purpose is this evening. Board Member Kirby affirmed, "Our purpose is to enforce the City Ordinance 2008 -27, which was approved by our City Commission." Discussion. Captain Tolleson added, "Section 12 -86., the review of the recorded images and for the Record, they are observed by recorded images committing a red zone infraction shall be issued a Notice of Infraction, which we've done. That recorded image shall be sufficient grounds to issue a Notice of Infraction." Further discussion ensued. "I MAKE A MOTION THAT WE FIND THE RESPONDENT FRED J. AMERAULT GUILTY OF FAILURE TO STOP AT RED LIGHT, ORDINANCE NUMBER 2008 -27, SECTION 12 -83." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 7 OF 20 VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Discussion. PUBLIC HEARINGS NEW CASES 502.3 Code Enforcement Bureau Police Department CASE #1220900003487 Vance Dante And Lashawnie T. Mickens 169 Cedar Ridge Lane Sanford, Florida 32771 -1506 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson announced that he would be presenting and that Mr. Vance Dante and Ms. Lashawnie T. Mickens were not present. In giving the Testimony, Captain Tolleson mentioned that he received a request from Mr. Dante for more time to pay the infraction and was granted an additional thirty (30) days. Captain Tolleson mentioned that because the Respondent did not pay within the prescribed time a letter was sent to the Respondent that a Hearing would be scheduled. Entering into Evidence, Captain Tolleson referred, "This is the `A' frame, which will be `WSRL 2'." Captain Tolleson reported, "This is the `B' frame, which will be City's Exhibit `WSRL 3', which shows the light is a steady red and the vehicle in the intersection and a copy of the license plate, which is `WSRL 4' in our Evidence." The video was shown as well as the photo of the sign properly installed. "`WSRL 5', City's Exhibit shows that signs were Posted and the operational test was completed." Additionally, "Violation Data Report which shows the information and our Notes where I entered where he needed additional time to pay." After Exhibits "WSRL 6" and "WSRL 7" were entered into the Record, Captain Tolleson stated "This is all the Testimony." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 8 OF 20 "I MAKE A MOTION THAT WE FIND THE RESPONDENTS VANCE DANTE AND LASHAWNIE T. MICKENS GUILTY OF ORDINANCE 2008 -27, SECTION 12 -83. ADHERENCE TO STOPPING AT THE RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER KIRBY: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.4 Code Enforcement Bureau Police Department CASE #1220900003735 Bruce D. Griffin 101 Privado Court Winter Springs, Florida 32708 -2801 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson informed the Code Enforcement Board that he would be presenting the testimony this evening for this Case. Mr. Bruce D. Griffin, 101 Privado Court Winter Springs, Florida: stressed that he had a hearing impairment. Chairman Wood asked the Respondent to inform her if he could not hear anything. Mr. Bruce D. Griffin (Case Number1220900003735) and Mr. Benjamin Griffin (Case Number 1220900003297) were sworn in by Deputy City Clerk Joan Brown. Captain Tolleson informed the Board that the disc is "WSRL 1 "City's Exhibit `WSRL 2' is the `A' frame, which shows the light red." Captain Tolleson then presented "City's Exhibit `WSRL 3', which shows that the light is red and Mr. Griffin in the intersection." Captain Tolleson explained "Exhibit `WSRL 4' which shows the license plate for Mr. Griffin's vehicle." Continuing, "This is our Camera Log, it shows that signs were posted, our deployment date [and] operational test passed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 9 OF 20 Violation Data Report was next entered into Evidence as "WSRL 6 by Captain Tolleson who stated, "Contains the issue date, the appearance date, the vehicle and Mr. Griffin's information." Then, Violation Evidence Report(s) "WSRL 7 "WSRL 8" and "WSRL 9" were read and entered as Evidence containing notes. Tape 2 /Side B Mr. Griffin's questions regarding the Ordinance were clarified by Captain Tolleson. Mr. Griffin then addressed the Board Members regarding this Case. Further discussion. Captain Tolleson emphasized that, "The Ordinance says that it goes to the registered Owner, which in this particular case, is you Sir." "I WOULD LIKE TO MAKE A MOTION THAT WE FIND THE RESPONDENT BRUCE D. GRIFFIN GUILTY OF ORDINANCE 2008 -27, SECTION 12 -83. ADHERENCE TO STOPPING AT THE RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KIRBY: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.5 Code Enforcement Bureau Police Department CASE #1220900003297 Benjamin Griffin 101 Privado Court Winter Springs, Florida 32708 -2801 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented "WSRL 1" and "WSRL 2" and stated, "City's Evidence is the `A' frame shot which the light is red and again in lane 2 is the blue Jaguar." Captain Tolleson added, "This is City's Exhibit `WSRL 3', which is the `B' frame, which shows Mr. Griffin's vehicle in the intersection on steady red." The license plate registered to Mr. Griffin was then displayed as City's Exhibit "WSRL 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 10 OF 20 After the video was shown, Captain Tolleson directed our attention to the photo enforced sign in place with the Camera Log Report following as Exhibit "WSRL 5 Finishing, Captain Tolleson stated, "This is our Violation Evidence Report, which is `WSRL 6', which contains the Violation data and again these are our notes. This will be `WSRL 7'." Additional notes were read and entered into Evidence as "WSRL 8" and "WSRL 9 Mr. Benjamin Griffin, 101 Privado Court, Winter Springs Florida: spoke to the Board Members on his Case. Discussion. "I MAKE A MOTION THAT WE FIND THE RESPONDENT BENJAMIN GRIFFIN GUILTY OF ORDINANCE 2008 -27, SECTION 12 -83.; ADHERENCE TO STOPPING AT THE RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Further discussion. PUBLIC HEARINGS NEW CASES 502.6 Code Enforcement Bureau Police Department CASE #08- 0019628 944 March Hare Court William B. Horter III Section 6.217. (No Pool Enclosure) Date Of Service: Certified Proof Of Delivery August 21, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 11 OF 20 PUBLIC HEARINGS NEW CASES 502.7 Code Enforcement Bureau Police Department CASE #09- 0020495 867 Leopard Trail Krystal M. Christopher Section 12.53. (Disabled Unlicensed Vehicle) Date Of Service: Certified Proof Of Delivery August 22, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS NEW CASES 502.8 Code Enforcement Bureau Police Department CASE #09- 0020793 210 South Edgemon Avenue Jason M. Weiland Section 6 -195. (Fence in Disrepair) Date Of Service: Certified Proof Of Delivery August 22, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS NEW CASES 502.9 Code Enforcement Bureau Police Department CASE #09- 0020794 709 Sailfish Road Ann Takvorian Section 6 -195. (Fence in Disrepair) Date Of Service: Certified Proof Of Delivery August 25, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS NEW CASES 502.10 Code Enforcement Bureau Police Department CASE #09- 0020890 70 Sable Court Ronald L. And Roberta Carson Section 13 -2. (Trash Debris) Date Of Service: Certified Proof Of Delivery August 22, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 12 OF 20 PUBLIC HEARINGS NEW CASES 502.11 Code Enforcement Bureau Police Department CASE #09- 0020910 40 Sheoah Boulevard Apartment #26 John Selenica And Dennis J. And Mary A. Selenica Section 12 -53. (Unlicensed Vehicle) Date Of Service: Certified Proof Of Delivery August 26, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS NEW CASES 502.12 Code Enforcement Bureau Police Department CASE #09- 0021010 700 Cottontail Court Joseph Butler Section 13 -2. (Stagnant Pool) Date Of Service: Certified Proof Of Delivery August 21, 2009 Inspector Jim Flannigan Inspector Jim Flannigan, Code Enforcement Bureau, Police Department, informed the Board, "This Violation was first observed by me on July 13, 2009. A Notice of Violation was mailed to Joseph Butler and returned as undeliverable." He added, "This Property was Posted on September 5 2009 by Captain Chris Deisler (Police Department) of Notice of this Code Board Meeting. This Property is still in Non Compliance as of today when I checked it and we are asking for Finding of Fact and Relief." Chairman Wood confirmed with Inspector Flannigan that "WS2" was the Affidavit of Posting. Inspector Flannigan reported that when photos were taken on September 12, 2009, the pool was in the same condition as when he first observed it, disclosing the pool is infested with frogs and tadpoles. Inspector Flannigan reported the Respondent was not present at the meeting. Vice Chairman Pitts inquired if Inspector Flannigan was able to make contact with the Owner at any time. Inspector Flannigan replied, "No, the First Class Mail and everything that we had sent Certified Mail came back undeliverable. The house was we sent it to an address that had a forwarding address of Cold Springs Court in Alexandria, Virginia and the person that was living at that house has said they do not know who Joseph Butler was." Board Member Kirby asked, "Is this a Bank owned [house] Inspector Flannigan explained, "When I checked the website, the Bank had not claimed it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 13 OF 20 "I WOULD LIKE THE CLERK TO READ THE MOTION INDICATING THAT A VIOLATION EXISTED AS OF THIS HEARING FOUND ON PAGE 5." MOTION BY VICE CHAIRMAN PITTS. "THE CITY OF WINTER SPRINGS VERSUS JOSEPH BUTLER, CASE NUMBER 09- 0021010. 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 13 -2. (STAGNANT POOL) OF THE CITY CODE EXISTED. 1. 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. 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 JOSEPH BUTLER, (CASE NUMBER 09- 0021010) 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 BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 14 OF 20 VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER KIRBY: AYE MOTION CARRIED. Discussion. Tape 3 /Side A CHAIRMAN WOOD STATED, "WHAT WE ARE PROPOSING THEN IS SEVEN (7) DAYS AND THEN TWO [HUNDRED] FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED [DOLLARS] ($500.00) IS THAT CORRECT BOARD MEMBER ROERO REPLIED, "YES." CHAIRMAN WOOD THEN NOTED, "I BELIEVE BOARD MEMBER ROERO WOULD LIKE A READING OF THE RELIEF ORDER ON PAGE 11 THAT WOULD BE WITH TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY WITH A REPEAT FINE AT FIVE HUNDRED [DOLLARS] ($500.00) PER DAY AND THAT WOULD BE FOR RELIEF ORDER ON PAGE 11 WITH SEVEN (7) DAYS BEFORE IT GOES INTO EFFECT." DEPUTY CITY CLERK BROWN ASKED, "JUST TO CLARIFY, IS THAT SEVEN (7) CALENDAR DAYS CHAIRMAN WOOD REPLIED, "THAT IS SEVEN (7) CALENDAR DAYS." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS JOSEPH BUTLER, CASE NUMBER 09- 0021010 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13 -2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) CALENDAR 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 15 OF 20 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. 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 TIME FRAME SET FORTH BY THIS BOARD." FULL READING BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER KIRBY. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: 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 Proof Of Delivery August 21, 2009 Inspector Jim Flannigan Chairman Wood verified Inspector Flannigan would be providing Testimony and entering Evidence for the Record. Inspector Flannigan implied that this is the second time he as presented this Case to the Board, which was originally heard on November 18, 2008. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 16 OF 20 Inspector Flannigan reported that on May 20, 2009, this Case was heard again before the Code Enforcement Board for Non Compliance and a Fine was imposed for four thousand dollars ($4,000.00) and the Fine amount per day was five hundred dollars ($500.00) if the Violation was not resolved. The Property is still vacant and no action has been taken to bring the pool into Compliance. The 2009 dates of Violation noted for the Record are read by Inspector Flannigan: "June 1 June 2 June 4th June 6 June 7 June 8 June 10 June 11 June 12 June 17 June 18 June 19 June 20 June 23, June 24 June 25 June 26 June 29th." Discussion. Captain Tolleson mentioned, "I would have it read into the Record each one of those is five- hundred dollars ($500.00)." For the Record, Inspector Flannigan supplied these additional Violation dates, "June 30 July 2 July 3` July 6 July 7 July 8 July 9 July 10 July 13 July 14 July 15 July 17 July 18 July 19 July 20 July 24 July 27 July 28 August 5th, August 6 10 Augustl l August 12 August 14 August 15 August 16 August 19 August 24 August 25 August 28 August 29 August 30 September 2 September 3` September 7 September 8 September 11 September 12 September 13 and today, September 15 is still Non Compliance." [Additional dates are May 27 May 28 and May 31 Continuing Inspector Flannigan said, "The Property was Posted by Captain Deisler on September 5 with Notice of this Hearing" and a copy of this Affidavit was entered as "WS 2 Inspector Flannigan posed a "Finding of Fact and Relief [Order] in the amount of five hundred dollars ($500.00) per day for sixty -one (61) days, total amount at this time, per date is thirty thousand, five hundred dollars ($30,500.00)." Chairman Wood inquired, "Is anybody living there Inspector Flannigan answered, "It is abandoned to my knowledge Bank of America paid the taxes last year." Vice Chairman Pitts asked, "At what point, Captain Tolleson, could we put a Lien on this Property?" Captain Tolleson responded, "Once it is filed after ninety (90) days, if the City so desires to file that Lien, they can file it." Discussion. Board Member Kirby inquired, "At what point are we allowed to condemn a house and have it removed and tom down Inspector Flannigan stated, "I am an Officer and Code Enforcement Officer as I was checking the pool last time, I did find an open door and due to the safety of the house, I did check the house, because we can as an Officer go in and check the house. There is no mold, no damage inside the house that I observed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 17 OF 20 Further discussion ensued. "MIGHT I ASK THE CLERK READ INTO THE RECORD MOTION WHERE VIOLATION IS FOUND OF EXISTED AS OF THIS HEARING, WHICH IS FINDING OF FACT ON PAGE 5." MOTION BY VICE CHAIRMAN PITTS. "THE CITY OF WINTER SPRINGS VERSUS RONALD K. SCHROEDER CASE NUMBER 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: 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 13 -2. (STAGNANT POOL) OF THE CITY CODE EXISTED. 1. 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. 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 RONALD K. SCHROEDER, (CASE NUMBER 08- 0018432) 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 BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CHAIRMAN WOOD STATED, "LET THE RECORD STATE THAT THE MOTION WAS MADE BY VICE CHAIRMAN PITTS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 18 OF 20 VOTE: BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. VICE CHAIRMAN PITTS ANNOUNCED, "I WOULD LIKE TO MOVE THAT WE GO TO RELIEF ORDER ON PAGE 16, I MOTION TO THEN FINE FOR NON COMPLIANCE AND IN THE BOTTOM PARAGRAPH REQUESTING A LIEN BE PREPARED AGAINST THE PROPERTY IN ADDITION TO THE FIVE HUNDRED DOLLAR ($500.00) A DAY FINE." DISCUSSION ENSUED ON THE READING OF THE RELIEF ORDER. CHAIRMAN WOOD STATED, "[PAGE] 14" AND VICE CHAIRMAN PITTS STATED, "GOOD SUGGESTION." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS RONALD K. SCHROEDER, CASE NUMBER 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(S) 13 -2. (STAGNANT POOL) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 19 OF 20 THEREFORE, I MOVE THAT THE FINE OF THIRTY THOUSAND, FIVE HUNDRED DOLLARS ($30,500.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME; IN THE ORDER OF A LIEN FILED AGAINST THE (REAL) PROPERTY." FULL READING BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. AGENDA NOTE: THE FOLLOWING REPORTS (AS PREVIOUSLY NOTED ON PAGE 2) WERE HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA. REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401. Office Of The City Clerk No Report. REPORTS 402. Code Enforcement Chair No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 15, 2009 PAGE 20 OF 20 REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members Board Member Kirby queried, "How often does the FDOT (Florida Department of Transportation) do the calibration of the lights Captain Tolleson advised, "They are actually electronically monitored." Discussion. Board Member Kirby suggested that when a Respondent comes in to discuss the red light matter, they should receive everything the Police Department has. Captain Tolleson stated, "We do." Discussion followed with procedures for filing an Appeal. REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 9:36 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT, ASSISTANT TO THE CITY CLERK AND i i A A/ [L i AN L. BROWN EPUTY CITY CLERK NOTE: These Minutes were approved at the October 20. 2009 Code Enforcement Board Regular Meeting.