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HomeMy WebLinkAbout2010 02 16 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 16, 2010 CALL TO ORDER The Regular Meeting of Tuesday, February 16, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:00 p.m., 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 Hugh Fisher, present Board Member Carole Giltz, present Board Member Gregory Roero, present Board Member Leah Weisman, present Alternate Board Member #1, Arsenio Calle, arrived at 8:07 p.m. Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kimberly Kopp, present Chairman Wood mentioned that there were no changes with the Voting capacity. Next, Chairman Wood asked for a moment of silence and led the Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes ". Assistant to the City Clerk Gayle Coutant reported, "We will be hearing Public Hearings Agenda Items `502.1', `502.3', `502.4' and `502.6 '. Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 2 OF 17 INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The January 19, 2010 Regular /Organizational Meeting Minutes. Do I have a Motion for the Approval from last month ?" asked Chairman Wood. "SO MOVED." MOTION BY BOARD MEMBER FISHER. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Kate Latorre, Assistant City Attorney Ms. Kimberly Kopp, Assistant City Attorney reminded the Board that the Orientation scheduled prior to the next Code Enforcement Board Meeting on March 16, 2010 will be at 6:00 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 3 OF 17 REPORTS 401. Code Enforcement Bureau No Report. REPORTS 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chair No Report. REPORTS 404. Code Enforcement Vice Chair No Report. REPORTS 405. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 4 OF 17 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #1220900009419 Jennifer Camps Larsen 756 Maple Court Winter Springs, Florida 32708 -3470 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department reminded the Board that Section 12 -83. Adherence to Red Light Traffic Control Signal requires you to stop on a steady Red Light prior to making a right turn and then stated, "I would like to enter into Evidence, the DVD with tonight's presentation as `WS — 1'. Next, Captain Tolleson delivered the Testimony of this Case through a PowerPoint presentation and noted, "On November the 21 2009 at 8:46 a.m., at the intersection of the east bound lane 3 State Road 434 and Winding Hollow Boulevard, a black Ford, Florida Registration H12 4EB passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." Further Testimony provided by Captain Tolleson indicated that Probable Cause did exist to issue a Notice of Infraction on December 2, 2009 to the registered owner Jennifer Camps Larsen. It was then mentioned by Captain Tolleson that, "On January the 6 2010, I received Ms. Larsen's request to contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. Additionally, the Respondent had tried to schedule a Hearing to contest the Infraction with the Seminole County Clerk's Office, which is why there was a delay." Next, Captain Tolleson explained that, "On January the 6 2010, an Administrative review was conducted by myself of all the Evidence and recorded images and upon re- review, Probable Cause did exist and Hearing was set for tonight February 16 2010. The Hearing date was provided to Mr. (Chad) Cronon's office and a letter was sent to Ms. Larsen." The "A" shot, which was City's Evidence "WSRL 2" was displayed on the screen followed by "WSRL 3" which showed the vehicle in lane 3 and in the intersection on a steady Red Light. Next, the license plate, "WSRL 4" was shown. The video relating to this Case was viewed by the attendees of the Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 5 OF 17 Captain Tolleson then commented about the "Photo Enforced" photograph, "This is photo of the sign that shows it was Posted," and continued by saying, "This is City's Evidence `WSRL 5' which is our `Camera Log Report' which shows deployment date of 11/21 [2009] at 12:00 a.m." Following, "WSRL 6" entitled "Violation of Evidence Report' was displayed and then City's Evidence "WSRL 7" depicting notes related to this Case. Captain Tolleson then remarked, "During that time frame, due to the amount of time they had taken, they actually added a twenty -five dollar ($25.00) late Fee which I had removed." Ms. Jennifer Camps Larsen, 756 Maple Court, Winter Springs: inquired about points assessed to her license. It was made clear by Captain Tolleson that there would be no points assessed with this Infraction. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83. ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER FISHER. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1220900010417 Cynthia Louise Baker 901 Gazell Trail Winter Springs, Florida 32708 -4129 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 6 OF 17 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #1220900010847 Kerrie Dee McNeely Or Jaymie Kay Register 114 Meadow Boulevard Sanford, Florida 32771 -3690 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented a PowerPoint presentation and gave Testimony that a black Ford, Florida Registration D91 6QE passed through the intersection on a steady Red Light on December 18, 2009, which was captured by video recording Traffic Control Equipment. Continuing, Captain Tolleson indicated that, "On December the 24 2009, the Violations recorded images were reviewed by myself, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction." It was explained that this Infraction was issued to the Respondent(s) on December 28, 2009. Next, Captain Tolleson informed the Board that, "On January the 14 2010 American Traffic Solutions received Kerrie McNeely and Jaymie Register's request to contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code." Captain Tolleson then mentioned, "On January the 29 2010 the Administrative review was conducted by myself of all the Evidence and recorded images and upon re- review Probable Cause did exist and a Hearing was set for this evening." A copy of the request for the Hearing was displayed. Showing the next PowerPoint slide, Captain Tolleson described, "This is the `A' shot which is City's Evidence `WSRL 2', which shows the vehicle in lane 2 with a red time of 4.6 seconds. This is City's Evidence `WSRL 3' which shows the red time at 5.3 seconds. The vehicle is in lane 2 in the intersection on a steady Red (Light)." Following, "WSRL 4" illustrating the license plate was shown. The video related to this Case was viewed. It was observed that the vehicle was traveling at sixty -eight miles per hour (68 mph). A photograph of the "Photo Enforced" sign was provided on the screen. Continuing, Captain Tolleson reported, "This is City's Evidence `WSRL 5' which is our `Camera Log' that shows the deployment date at 12/18/2009 at 12:00 a.m., Violation date on 12/18 [2009] at 8:21 p.m. and — deployment operational test at 11:59 p.m." Next, Evidence labeled "WSRL 6 ", "Violation Evidence Report" and "WSRL 7" containing Notes were displayed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 7 OF 17 Ms. Jaymie Kay Register, 114 Meadow Boulevard, Sanford, Florida: addressed the Board and stated, "At the time that I went through the light, it was, as far as I'd seen, still yellow and I felt that it would be unsafe for me to try to stop and slam on my brakes and end up in the middle of the intersection." The video was shown again as requested by Chairman Wood. Vice Chairman James B. Pitts mentioned, "The fact that you were going sixty -eight miles per hour (68 mph) probably did not help matters." Discussion regarding the light and the vehicle crossing the white crossbar ensued. "BASED ON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENTS BE FOUND — IN VIOLATION OF SECTION SECTION 12 -83. ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE MOTION CARRIED. Ms. Kerrie Dee McNeely, 114 Meadow Boulevard, Sanford, Florida: inquired, "On the letter we received, it said something about if it was paid today, that it would only be one (hundred) twenty -five (dollars) ($125.00)." Captain Tolleson explained that if a Hearing is requested, a twenty -five dollar ($25.00) Administrative Fee for the Hearing implies. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 8 OF 17 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #09- 0021599 Steven And Rebecca Silverman 706 Sunbury Court Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — January 27, 2010 Inspector — Jim Flannigan Inspector Jim Flannigan informed the Board that the PowerPoint presentation they were about to view was provided on the DVD labeled "WS 1" and reported, "This Violation was first observed on October 19` 2009. A Notice of Violation was mailed to Steven and Rebecca Silverman, who are the Owners of the property. Both Certified Mail and First Class Mail were returned as undeliverable." Further Testimony by Inspector Flannigan explained that the property failed Re- inspection on October 29, 2009, November 17, 2009, December 19, 2009, January 2, 2010, February 6, 2010 and February 16, 2010 and stated, "This Property is still in Non - Compliance. We are asking for Finding of Fact and Relief." Inspector Flannigan mentioned that the home was vacant and was being foreclosed. Photographs of the stagnant pool located at 706 Sunbury Court in Winter Springs were presented. The Affidavit of Posting was entered into Evidence as "WS 2 ". Next, Inspector Flannigan noted, "We've had no contact with the Owners and there is no realtor sign out there to attempt to contact anybody for this Property." "MOTION TO READ — WHERE THE VIOLATION HAS FOUND TO HAVE EXISTED AS OF THIS HEARING — RELIEF ORDER, PAGE 5." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS STEVEN AND REBECCA SILVERMAN, CASE NUMBER 09- 0021599. 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: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 9 OF 17 THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2 -59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 13 -12. 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 THE BOARD FIND THAT MR. STEVEN AND MRS. REBECCA SILVERMAN, (CASE NUMBER 09- 0021599) HAVE VIOLATED SECTION 13 -12. 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 ASSISTANT TO THE CITY CLERK COUTANT. VOTE: BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Discussion regarding the Fines ensued. "I MAKE A MOTION THAT WE HAVE THE CLERK READ ( "RELIEF ORDER A ")." MOTION BY BOARD MEMBER CRENSHAW." SECONDED BY BOARD MEMBER FISHER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 10 OF 17 CHAIRMAN WOOD CLARIFIED, "WITH TWO -FIFTY (HUNDRED DOLLARS) ($250.00) [PER DAY, UNTIL COMPLIANCE HAS BEEN VERIFIED] AND FIVE HUNDRED (DOLLARS) ($500.00) [PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST] WITH FIVE (5) BUSINESS DAYS." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS STEVEN AND REBECCA SILVERMAN, CASE NUMBER 09- 0021599 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13 -12. STAGNANT POOL OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) (BUSINESS) 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. 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 BY ASSISTANT TO THE CITY CLERK COUTANT. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: NAY BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 11 OF 17 PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #09- 0021685 Ricardo J. Chevere And Sandra Ramos 579 Walden Court Winter Springs, Florida 32708 Section 12 -53. (Unlicensed Motor Vehicle) Date Of Service: Certified — Proof Of Delivery January 29, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #09- 0021732 Dawn Bishop 811 Leopard Trail Winter Springs, Florida 32708 Section 20 -103. (a) (Tax Receipt) Date Of Service: Certified — Proof Of Delivery February 4, 2010 Inspector — Jim Flannigan Inspector Flannigan began the PowerPoint presentation which the Board was already provided copy of the DVD labeled "WS 1" and stated, "This is basically a Tax Receipt Violation, where they are storing equipment on the Property" and reviewed Section 20- 102. (a) with the Board. Continuing, Inspector Flannigan reported, "On December 6, 2009 I received a complaint that the resident had several people on the property jumping from scaffolding. I observed scaffolding near the driveway with people jumping from it into a large air bag set up in the driveway. I made contact with Dawn Bishop and Grady Bishop who are the — property owners. I advised them of the complaint. Mrs. Bishop advised me that they were keeping in practice as part of their business which is Extreme Stunt and Driving Team Incorporated. I advised Dawn Bishop that this was a violation of Tax Receipt to store and or use business equipment on the property. I then issued a Violation of City Ordinance. She signed for business equipment being used and stored on the property." Photographs of the scaffolding and a large air bag were then displayed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — FEBRUARY 16, 2010 PAGE 12 OF 17 Next, Inspector Flannigan mentioned that he had received a previous complaint on October 23, 2009 regarding the storage of business equipment on the property and mentioned that Ms. Dawn Bishop advised him, "That the Code Board in 2007 allowed them to store the items on the property. I explained to her that the Tax Receipt states `No storage of equipment, supplies, and /or Commercial Vehicles on the premises'." Next discussed were similar complaints that were responded to on May 17, 2009 by Officer Briggle and then on September 14, 2008 by Inspector Flannigan who issued a warning for the Code Violation of running a business from the residence. A PowerPoint slide of the Business Tax Receipt signed on October 17, 2007 was shown. Captain Tolleson remarked, "The Board had heard this Case prior to that and they did make reference to a Business Tax Receipt. Just so happens that the Business Tax Receipt was the date after the Code Board (Meeting)." The Application for the Business Tax Receipt that was signed on October 17, 2007 was displayed, followed by the current Application for Business Tax Receipt signed and dated on January 11, 2010. Inspector Flannigan then read the section entitled "Home Business Tax" on the Business Tax Receipt. Additionally, Inspector Flannigan displayed photographs of the Respondent's back yard and stated, "We are just asking for Finding of Fact for this matter, for equipment being stored on this Property." Discussion ensued regarding the Case brought to the Board in the year 2007. Ms. Dawn Bishop, 811 Leopard Trail Winter Springs, Florida: addressed the Board and mentioned, "The Violation that I'm holding in my hand; which is the only thing as a Violator that I have to go on; is that I Violated Section 10 -26. description of Violation no Occupational License. Now, I definitely was remiss in getting my Occupational License, so, I went and got it. So I have it." Tape 1 /Side B Discussion ensued on the levels of Violations that have occurred and the four (4) items the Applicant cannot do with an Occupational License which are listed on the Business Tax Receipt Application. Ms. Bishop commented, "We are a stunt team, that's what we do. This was not work to us, this was a fun day for us. Nobody was working, nobody was getting paid." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 13 OF 17 Further discussion ensued regarding the Respondent obtaining the Business Tax Receipt in the year 2007. Ms. Bishop stated, "If it upsets my neighbors, I will not do it anymore. I will comply." Chairman Wood commented, "But you still store your equipment there." Discussion ensued regarding the Case that was brought to the Board in the year 2007 and the four (4) items listed on the Business Tax Receipt Application. Next, Chairman Pitts asked for a ruling from the Attorney regarding continued discussion of the 2007 Case. Attorney Kimberly Kopp remarked, "The matter before the Board tonight is the Violation, the current Violation. If you wish to allow her to speak about it, you can allow her to, but is it relevant to tonight — no. You do not have to allow her to speak about it." Mr. Grady A. Bishop, 811 Leopard Trail, Winter Springs, Florida: was sworn in by Assistant to the City Clerk Coutant. Mr. Bishop mentioned to the Board, "This air bag is made by the same people and same company that makes the jumpers that you have in your front yards for birthday parties." Next, Mr. Bishop inquired how the photographs were obtained. Captain Tolleson responded, "They were actually provided that night that the people from Winter Springs Boulevard came here — and spoke to the Code Board and turned them in that evening." Further discussion ensued regarding the photographs provided by City of Winter Springs' citizens. Chairman Wood inquired, "So what can you do so that there is no business activity here ?" Ms. Bishop responded, "No longer have anybody over the house for fun days." Discussion. Alternate Board Member Arsenio Calle arrived at 8:07 p.m. Ms. Bishop then mentioned, "This is our livelihood here. This is part of the reason why we moved to Winter Springs, because we had some property in the back." It was then reiterated by Inspector Flannigan that the City is requesting a Finding of Fact and Relief. "I MAKE A MOTION THAT WE — ASK THE CLERK TO READ `RELIEF ORDER A' WHICH IS A MOTION TO WHERE A VIOLATION IS FOUND TO HAVE EXISTED AS OF THIS HEARING DATE." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER GILTZ." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 14 OF 17 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS DAWN BISHOP, CASE NUMBER 09- 0021732. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MS. BISHOP REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2 -59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 20 -103. (a) TAX RECEIPT 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 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 MS. DAWN BISHOP (CASE NUMBER 09- 0021732) HAS VIOLATED SECTION 20 -103. (a) TAX RECEIPT OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. VOTE: BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - FEBRUARY 16, 2010 PAGE 15 OF 17 Next, the Board then discussed the amount of days the Respondent should have to correct the Violation and the Fines. Discussion. Vice Chairman Pitts inquired, "There are certain pieces of equipment and /or vehicles in the back yard that are not related to the business. Is there any reason they could not stay? Could you specify what has to be moved and what doesn't ?" Captain Tolleson responded, "Anything that — is connected to Extreme Stunt (and Driving Team)." It was agreed that Inspector Flannigan could meet with the Respondent to help determine what needs to be removed from the property. Chairman Wood commented, "Reading on page 11. Anybody have a Motion here ?" "I WOULD LIKE TO MAKE A MOTION WITH THIRTY (30) DAYS AND FIFTY (DOLLARS) ($50.00) AND THEN ONE HUNDRED (DOLLARS) ($100.00)." MOTION BY BOARD MEMBER WEISMAN. CHAIRMAN WOOD CLARIFIED, "FOR THE MOTION WHERE VIOLATION IS FOUND TO HAVE EXISTED AS OF THIS HEARING ?" BOARD MEMBER WEISMAN STATED, "YES." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DAWN BISHOP, CASE NUMBER 09- 0021732 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 20- 103. (a) TAX RECEIPT OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FIFTY DOLLAR ($50.00) (FINE) 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 A HUNDRED DOLLARS ($100.00) 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 - FEBRUARY 16, 2010 PAGE 16 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. LET THE RECORD ALSO REFLECT THAT THE RESPONDENT IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD. I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: NAY VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER CRENSHAW: NAY CHAIRMAN WOOD: AYE MOTION CARRIED. The Respondent was provided information on the Appeal process by Captain Tolleson. Discussion. Mr. Bishop inquired on how to get copies of the Records and the Board suggested that the City would provide the Respondent with copies of anything requested. Further discussion ensued regarding Appealing the Case. Next, Ms. Bishop asked, "Is there any way to cancel the Business Tax Receipt ?" Captain Tolleson replied, "That is through Permitting. You will have to talk to them." At this time Chairman Wood commented for the Record that Alternate Board Member Arsenio Calle had arrived earlier this evening. (Note: The time of Arrival was noted.) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — FEBRUARY 16, 2010 PAGE 17 OF 17 PUBLIC HEARINGS — NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #09- 0021755 James A. And Eileen M. Nass TRS FBO 210 South Flamingo Street Winter Springs, Florida 32708 Section 12 -53. (Disabled Motor Vehicle) Date Of Service: Certified — Proof Of Delivery February 4, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS — NON - COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. Tape 2 /Side A ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 8:33 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERI NOTE: These Minutes were approved at the March 16, 20 10 Code Enforcement Board Regular Meeting.