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HomeMy WebLinkAbout2004 09 21 Consent A. Approval of the July 20, 2004 Regular Meeting MinutesA CITY OF WINTER SPRINGS ~-7 MINUTES ~ CODE ENFORCEMENT BOARD ,~ REGULAR MEETING Q~ JULY 20, 2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order on Tuesday, July 20, 2004 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 James B. Pitts, present Vice Chairman Mathew Matisak, present Board Member Dick Crenshaw, present Board Member Paul Krebs, present Board Member Greg Roero, present Board Member Greg Thompson, absent Chairman Pitts led the Pledge of Allegiance. Chairman Pitts inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes sir we do, but following the new Agenda format you would have - to hear now, we need a swearing in of witnesses." Furthermore, Captain Tolleson stated, "We are going to have `B' Case Number 045725; `C' Case Number 045921; `I' [Case Number] 046159; and `J' [Case Number] 046308." Deputy City Clerk Debbie Franklin, swore in those persons who may be providing testimony during the presentation of tonight's cases. II. CONSENT AGENDA CONSENT A. Approval Of The June 29, 2004 Regular Meeting Minutes. "I MAKE A MOTION TO ACCEPT THE MINUTES OF THE JUNE 29TH [2004] MEETING." MOTION BY BOARD MEMBER KREBS. SECONDED BY VICE CHAIRMAN MATISAK. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 2 OF 16 VOTE: VICE CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE CHAIRMAN 1'ITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Chairman Pitts stated for the record, "How much we all appreciated the work Mr. Matisak did on the new `Finding of Fact' and `Relief Orders'. And, I would also like to compliment the City Clerk and the City Clerk's office for the new manual they put together for us. Very much appreciated." III. PUBLIC HEARINGS AGENDA -REPEAT CASES None. • • AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. • • IV. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS I. CASE #04-0006159 147 West State Road 434 BVS L C Section 20-232. (b) (Outdoor Display/Sale Are Prohibited) Tenant: Jerry's Appliance Store Date Of Service: Certified -July 9, 2004 Captain Tolleson presented the Case. Captain Tolleson stated, "Originally cited on June the 15th [2004] and issued a Notice of Violation of Warning. Failed the reinspection on July 2°d [2004]. Again, the Certified Notice was sent and one was returned `refused' on the 16th of July [2004]. Currently, it is not in compliance as of July 20th [2004]. We are asking fora `Finding of Fact' and appropriate `Relief [Order]'." ~~ ''~ .^~i Discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 3 OF 16 Mr. Jerry Burger, Jerry's Appliance Store, 153 West State Road 434, Winter Springs, Florida: addressed the Code Enforcement Board regarding the Notice and request for a "Special Exception". Discussion. FINDING OF FACT: "IN THE CASE OF [CITY] WINTER SPRINGS VERSUS BVS LC, CASE NUMBER 04-0006159. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. JERRY BURGER, AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVED HIS/HER CASE BASED ON THE FOLLOWING: 1. THAT BVS LC WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 20-232. (b) OF THE CITY CODE EXISTS. 2. 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. 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 BVS LC HAS VIOLATED SECTION(S) 20-232. (b) 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." MOTION BY BOARD MEMBER KREBS. SECONDED BY VICE CHAIRMAN MATISAK. DISCUSSION. v 0 a VOTE: VICE CHAIRMAN MATISAK: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. RELIEF ORDER: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 4 OF 16 "WE HEREBY ARE HEARING CASE NUMBER 04-0006159; BVS LC IS THE OWNER OF THE PROPERTY. HAVING [BEEN) FOUND "GUILTY" FOR VIOLATING SECTION 20-232. OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SIXTY (60) DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. THE BVS LC, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED FIFTY DOLLARS ($250.00) MAXIMUM COULD BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, BVS LC, 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) MAXIMUM PER DAY, BEGINNING ON THE FIRST DAY -THE REPEAT VIOLATION IS FOUND TO EXIST BY THE 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. 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." MOTION BY BOARD MEMBER CRENSHAW. DISCUSSION. ~~ d G~ ~• CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 5 OF I6 CHAIRMAN PITTS STATED, "BEFORE WE HAVE A SECOND ON IT, I WOULD LIKE CLARIFICATION ON TWO PARTS OF IT. FIRSTLY, WE ARE GIVING THE RESPONDENT SIXTY (60) DAYS TO CORRECT THE SITUATION. I HAVE NO PROBLEM WITH THAT, BUT, I DO THINK THAT IF HE FAILS TO CORRECT THE VIOLATION - A FINE, [SHOULD] NOT [BE] `MAYBE', [SHOULD BE] `WILL BE'." BOARD MEMBER CRENSHAW STATED, " `WILL BE', I AM SORRY, I THOUGHT I SAID THAT." FURTHERMORE, CHAIRMAN PITTS STATED, "TWO HUNDRED FIFTY DOLLARS ($250.00) IS THE MAXIMUM. DO YOU WANT TO SUGGEST SOMETHING LESS?" BOARD MEMBER CRENSHAW AMENDED HIS MOTION TO READ, "FIFTY DOLLARS ($50.00) A DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY THE CODE ENFORCEMENT OFFICER." DISCUSSION ENSUED REGARDING THE NUMBER OF DAYS FOR THE RESPONDENT TO COME INTO COMPLIANCE. CAPTAIN TOLLESON STATED FOR THE RECORD, "LET THE RECORD INDICATE THAT I OBJECTED TO IT." BOARD MEMBER KREBS STATED, "THE ONE FOR `REPEAT VIOLATION' I THINK HE [BOARD MEMBER CRENSHAW] HAD ALSO SAID [IT] WAS SET AT FIVE HUNDRED (DOLLARS] ($500.00) MAXIMUM PER DAY. I THINK WE NEED TO PUT A NUMBER THERE." BOARD MEMBER CRENSHAW AMENDED HIS MOTION TO READ, "ONE HUNDRED [DOLLARS] ($100.00)." CHAIRMAN PITTS STATED, "WE HAVE A MOTION ON THE FLOOR THAT HAS AMENDED TO -THE FIFTY DOLLARS ($50.00) PER DAY AND FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY SHOULD THE VIOLATION REOCCUR. WE ALSO HAVE ON THE FLOOR - A SIXTY (60) DAY STAY - UNTIL THE RESPONDENT CAN APPROACH THE CITY COMMISSION FOR A VARIANCE." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. CHAIRMAN PITTS REITERATED, "IT IS FOR A FIFTY DOLLAR ($50.00) FINE PER DAY AFTER SIXTY (60) DAYS. AND, A ONE HUNDRED DOLLAR ($100.00) FINE IF THERE IS A REPEAT OFFENSE." VOTE WITH AMENDMENTS TO ORIGINAL MOTION: BOARD MEMBER ROERO: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. A ~_~ ~." !~ ~.'Y~ Q~ CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 6 OF 16 Chairman Pitts stated, "You know what has happened?" Mr. Burger stated, "Yes sir." Furthermore, Chairman Pitts stated, "You have been notified as of this evening. So, sixty (60) days from today, if you do not add a Variance granted by the City [of Winter Springs], ,.,,_, and the equipment is still out front, even one stick of it, you will be fined fifty dollars ~_ ($50.00) a day." Mr. Burger stated, "Yes sir." ~~ Board Member Crenshaw stated, "I think we need to clarify something. The person who A••~ would be Fined is going to be the property owners. Is that correct?" Captain Tolleson and '~ Chairman Pitts both acknowledged, "Yes." ~_ Regarding the property owners applying for a Variance, Chairman Pitts stated to the property owners, "Captain Tolleson's office would - be happy to help you." PUBLIC HEARINGS C. CASE #04-0005921 45 South Edgemon Avenue Danny White Section 13-2. (Debris -Tree Trimmings) Date Of Service: Certified -July 9, 2004 Captain Tolleson presented this Case. Captain Tolleson stated, "Was originally cited on May 27th [2004] and issued a Notice of Violation Warning. They failed reinspection on June 13th of 2004. Certified Mail was sent and Noticed on July 10th of 2004 signed by Carlyne Largent. The property is not in Compliance as of July 20th 2004 and we are asking fora `Finding of Fact' and appropriate `Relief [Order]'." Tape 1/Side B FINDING OF FACT.• "THE CITY WINTER SPRINGS VERSUS DANNY WHITE, CASE NUMBER 04- 0005921. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWED THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN THEIR CASE BASED ON THE FOLLOWING: 1. THAT MR. DANNY WHITE 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. DEBRIS -TREE TRIMMINGS OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 7 OF l6 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 THE HEARING. 3. 4. 5. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THE BOARD FIND THAT MR. DANNY WHITE HAS VIOLATED SECTION 13-2. 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." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN MATISAK. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DANNY WHITE, CASE NUMBER 04- 0005921; HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. DEBRIS AND TREE TRIMMINGS OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. MR. WHITE, IF HE FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO-FIFTY [DOLLARS) ($250.00) WILL BE IMPOSED PER DAY UNTIL THE COMPLIANCE CAN BE VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. rr r^' O ~~ CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 8 OF 16 FURTHERMORE, MR. DANNY WHITE, 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) MAXIMUM PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY THE 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 THE BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. BOARD MEMBER ROERO STATED TO THE BOARD MEMBERS REGARDING THE TIME FOR COMPLIANCE, "DO YOU THINK TWENTY (20) [DAYS] WOULD BE BETTER?" CHAIRMAN PITTS STATED, "I THINK IT WOULD BE BETTER." THERE WERE NO OBJECTIONS FROM THE BOARD MEMBERS. BOARD MEMBER ROERO STATED TO CHAIRMAN PITTS, "DO YOU THINK THE FINE IS TWO-FIFTY ($250.00)? OKAY." VICE CHAIRMAN MATISAK STATED, "I DON'T. I THINK THE FACT THAT THEY [RESPONDENT] DIDN'T SHOW UP...."CHAIRMAN PITTS STATED, "THERE MAY BE EXTENUATING CIRCUMSTANCES WHY HE DIDN'T SHOW UP. SO, WE CANNOT IMPOSE A HIGHER FINE BECAUSE THE RESPONDENT DIDN'T SHOW. I DON'T THINK SO." BOARD MEMBER ROERO CHANGED HIS MOTION TO, "LET US GO WITH FIFTY [DOLLARS] ($50.00)." IN ADDITION, BOARD MEMBER ROERO CHANGED HIS MOTION TO READ, "AND TWENTY (20) DAYS." CHAIRMAN PITTS STATED, "TO CLARIFY THE MOTION THAT HAS BEEN SECONDED, THE RESPONDENT WILL BE GIVEN -TWENTY (20) DAYS TO CORRECT THE VIOLATION AND BE FINED FIFTY DOLLARS ($50.00) PER DAY FOR EVERY DAY AFTER THAT UNTIL -VIOLATION IS CORRECTED. IN THE EVENT THAT THERE IS A `REPEAT VIOLATION', IT WILL BE FIVE HUNDRED DOLLARS ($500.00) PER DAY." A w 0 -~..~ C[TY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 9 OF 16 VOTE WITH AMENDMENTS TO THE ORIGINAL MOTION: VICE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS B. CASE #04-0005725 630 Sailfish Road Lori R. Megit Section 5-4. (a) (No Arbor Permit) Date Of Service: Certified -July 9, 2004 Captain Tolleson presented the Case. Captain Tolleson stated, "Was cited on April 28`h of 2004 and issued a Notice of Violation Warning. Failed reinspection on -July 9`h [2004] as the City Aborist [Mr. Mike Mingea, City Arborist/Environmental Inspector, Community Development Department] was trying to work with him to come in and get their permits. Certified Mail is Noticed and signed on June the 3`d [2004]. Currently, it is not in compliance. And, we are asking fora `Finding of Fact' and `Relief [Order]' under Chapter 5." Discussion. Vice Chairman Matisak asked, "How many trees do we have that are cut down?" Captain Tolleson stated, "You actually had five (5) after -reinspection which is the next Case. So, if you want them all in one shot, we can do that as well because they sound exactly the same and Iwas - to have the City Arborist [Mr. Mingea] explain what kind of trees there were." Furthermore, Captain Tolleson explained, "[Case] `B' is specific to not having a Permit. [Case] `J' would be each individual tree." Vice Chairman Matisak asked Captain Tolleson, "Under `No Arbor Permit' it is five hundred [dollars] ($500.00) per tree?" Captain Tolleson replied, "You can. Up to." Vice Chairman Matisak stated, "I think because these Cases are listed separately, I think we should hear them separately." There were no objections by the Board Members. Mr. Mingea presented to the Board Members identification of the trees that were removed. Mr. Mingea stated, "We do have five (5) trees that we cataloged and photographed and identified -their dimensions. I can quickly recant these to you -eight inch (8"), eleven inch (11 "), twelve inch (12"), twelve inch (12"), and thirteen inch (13")." A ~~ ...." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 10 OF 16 Vice Chairman Matisak asked for the Record, "Mr. Mingea, was there any permit for these five (5) trees?" Mr. Mingea stated, "There was no Permit pulled at the time that these trees were removed. And, even on our ultimate conversation -once she was made aware of the Violation, she did telephone and did ask and [we] talked about it. I did request, please come down, have plently of time, please come down. Please come down and see me. Please make an appointment. Let us try to get this worked with. Never anything." Vice Chairman Matisak asked, "This was all after the fact?" Mr. Mingea replied, "Yes." FINDING OF FACT: "THE CITY WINTER SPRINGS VERSUS LORI R. MEGIT, CASE NUMBER 04- 0005725. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. MINGEA, CITY ARBORIST, AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT BOARD OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 1. THAT MS. LORI R. MEGIT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 5-4. (a) 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 THE HEARING. 3. THAT THE VIOLATION OF CITY CODE IS IRREPARABLE OR IRREVERSIBLE IN NATURE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MS. LORI R. MEGIT HAS VIOLATED SECTION 5-4. (a) 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." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. A_ i+~'" ~~ CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE I 1 OF 16 RELIEF ORDER: ~ "THE CITY OF WINTER SPRINGS VERSUS MS. LORI R. MEGIT, CASE NUMBER 04-0005725; HAVING BEEN FOUND `GUILTY' FOR VIOLATING ~~ SECTION 5-4. (a) OF THE CITY CODE, A VIOLATION WHICH HAS BEEN ~{ DEEMED BY THIS BOARD TO BE IRREPARABLE OR IRREVERSIBLE IN .ems, NATURE. I MOVE THAT THE RESPONDENT BE FINED IN THE AMOUNT OF FURTHERMORE, MS. LORI R. MEGIT, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE AND WILL BE LOOKED UPON BY THIS BOARD AS SUCH. FIVE HUNDRED DOLLARS ($500.00) PAYABLE WITHIN THIRTY (30) DAYS TOTAL. 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." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: CHAIRMAN PITTS: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS J. CASE #04-0006308 630 Sailfish Road Lori R. Megit Section 5-18. (b) (Removal Of Trees Without A Permit) Date Of Service: Certified -July 9, 2004 Captain Tolleson presented this Case. Captain Tolleson stated, "Basically, it was five (5) trees. An eight inch (8") tree, an eleven inch (11 ") tree, twelve inch (12"), twelve inch (12"), and thirteen inch (13 ") tree, which is fifty six (56) total inches and by Section 5-18. (2), as these were not specimen trees, requires fifty dollars ($50.00) per caliber inch for a Fine of twenty eight hundred dollars ($2,800.00)." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 12 OF 16 Chairman Pitts asked, "They were not specimen trees?" Captain Tolleson stated, "No." Chairman Pitts asked of Mr. Mingea, "And, you concur with that?" Mr. Mingea stated, "Not a specimen. Twenty-four inches (24") concludes a specimen tree." FINDING OF FACT: "THE CITY WINTER SPRINGS VERSUS MS. LORI R. MEGIT, CASE NUMBER 04-0006308. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. MINGEA, CITY ARBORIST, AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 1. THAT MS. LORI R. MEGIT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 5-18. (b) 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. THAT THE VIOLATION OF CITY CODE IS IRREPARABLE OR IRREVERSIBLE IN NATURE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MS. LORI R. MEGIT HAS VIOLATED SECTION 5-18. (b) 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." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. A w 0 w e~...- CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 13 OF 16 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS MS. LORI R. MEGIT, CASE NUMBER 04-0006308; HAVING BEEN FOUND "GUILTY" FOR VIOLATING SECTION 5-18. (b) OF THE CITY CODE, A VIOLATION WHICH HAS BEEN DEEMED BY THIS BOARD TO BE IRREPARABLE OR IRREVERSIBLE IN NATURE. I MOVE THAT THE RESPONDENT BE FINED IN THE AMOUNT OF TWENTY-EIGHT HUNDRED DOLLARS ($2,800.00) PAYABLE WITHIN SIXTY (60) DAYS. FURTHERMORE, MS. LORI R. MEGIT, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE AND WILL BE LOOKED UPON BY THIS BOARD AS SUCH. 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." MOTION BY VICE CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS A. CASE #04-0005381 619 Sailfish Road Roger O. Goins Section 6-46. (No Building Permit -Fence) Date Of Service: Certified -July 9, 2004 ~~ w_ C.3 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS D. CASE #04-0006017 210-A Perth Court Peter And Mary E. Schween CO TRS FBO Section 20-431. And 20-432. (Commercial Vehicle) Tenant: Paula M. Furno Date Of Service: Certified -July 9, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS E. CASE #04-0006018 209-B Perth Court George M. And Virginia A. Strodel Section 20-431. And 20-432. (Commercial Vehicle) Tenant: Shevieve Padgett Date Of Service: Certified -July 9, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS F. CASE #04-0006022 632 Silver Creek Drive Morris D. Tondevold Section 13-2. (Stagnant Pool) Date Of Service: Certified -July 9, 2004 This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS G. CASE #04-0006143 502 South Edgemon Avenue Kenneth Darrow Section 20-434. (a) (5) (Trailer(s) And Oversized Trailer(s)) Date Of Service: Certified -July 9, 2004 CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE l4 OF 16 w 0 e~..~- This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 15 OF 16 PUBLIC HEARINGS H. CASE #04-0006157 ~~ 680 East State Road 434 .... Shirley A. Mackerley ~~ Section 20-232. (b) (Outdoor Display/Sale Are Prohibited) ~'~ Date Of Service: Certified -July 9, 2004 ~ This Agenda Item was not brought to the Hearing. i~ PUBLIC HEARINGS K. CASE #04-0006309 630 Sailfish Road Lori R. Megit Section 5-18. (b) (5) (No Contractors) Date Of Service: Certified -July 9, 2004 This Agenda Item was not brought to the Hearing. V. PUBLIC HEARINGS AGENDA -CONTINUED CASES None. VI. REGULAR AGENDA None. VII. FUTURE AGENDA ITEMS Vice Chairman Matisak stated, "For the order of the Agenda - `Continued Cases' would be under Section `III'; `Repeat Offenders' would be under Section `IV'; `New Cases' would be under Section `V'." Chairman Pitts requested, "Could you get for me by the next Meeting the number of absences in the last six (6) Meetings that Mr. Thompson [Board Member Greg Thompson] has had?" VIII. REPORTS Captain Tolleson stated, "Skateboard Ordinance and the Animal Nuisance Ordinance will both be going to the Second Reading." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2004 PAGE 16 OF 16 IX. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at approximately 8:45 p.m. RESPECTFULLY SUBMITTED BY.• DEBBIE FRANKLIN i~ DEPUTY CITY CLERK NOTE: These Minutes were approved at the August 19 .2004 Code Enforcement Board Regular Meeting.