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HomeMy WebLinkAbout2004 04 20 Consent A. Approval of the March 16, 2004 Regular Meeting MinutesCITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING TUESDAY, MARCH 16, 2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order at 7:00 p.m. on Tuesday, March 16, 2004, 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 Mervin Warner, absent Board Member Dick Crenshaw, absent Board Member Paul Krebs, present Board Member Mathew Matisak, present Board Member Greg Roero, present Board Member Greg Thompson, present 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. Tonight we are going to hear Case 03-4405 which is `B' on your Agenda and that will be the only case tonight." • :• AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. • :• II. CONSENT AGENDA CONSENT A. Approval Of The February 17, 2004 Regular Meeting Minutes. x:''~:3 a«. ..:~: ~~.~ "MOTION TO APPROVE THE MINUTES FROM [THE] 17TH [FEBRUARY]." MOTION BY BOARD MEMBER MATISAK. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 2 OF 9 VOTE: BOARD MEMBER THOMPSON: AYE BOARD MEMBER MATISAK: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. III. REGULAR AGENDA REGULAR A. CASE #03-0003725 54 South Edgemon Avenue Ben Blackman Section 20-433. (Disabled Motor Vehicle -Unlicensed) (Repeat Offender) This Agenda Item was not brought to the Hearing. REGULAR B. CASE #03-0004405 216 Albert Street Rebecca C. Patrick Section 13-2. (Untended Grass And Weeds) Captain Tolleson stated, "Was cited November 26, 2003 issued a Notice of Violation with warning. This property is vacant and failed re-inspection on January 26, 2004. Certified notice was sent and returned unclaimed on February 27, 2004. Property was posted on March 6, 2004 and it is currently not in compliance. We are asking for a `Finding of Fact' and `Relief ." Discussion. FINDING OF FACT "IN THE CASE OF [CITY] WINTER SPRINGS VERSUS REBECCA C. PATRICK, CODE ENFORCEMENT BOARD NUMBER 03-0004405, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR. :~ :~::.:: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 3 OF 9 BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT THE VIOLATOR, REBECCA C. PATRICK WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 13-2., UNATTENDED GRASS AND WEEDS, OF THE CITY CODE EXISTED. THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS. THAT THE VIOLATOR FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED. THAT THE VIOLATOR WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD AND THAT THE VIOLATOR WAS NOT PRESENT AT THIS HEARING. THAT SAID VIOLATIONS EXIST UPON THE VIOLATORS PROPERTY. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. Discussion. RELIEF ORDER: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS REBECCA C. PATRICK, CODE ENFORCEMENT BOARD NUMBER 03-[000]4405, THE VIOLATOR, REBECCA C. PATRICK, HAS BEEN FOUND IN -VIOLATION OF SECTION 13-2.OF THE CITY CODE. ~.:,:..: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 4 OF 9 THEREFORE, I MOVE THE VIOLATOR BE GIVEN THREE (3) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED DOLLARS ($100.00) A DAY SHALL BE IMPOSED PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CODE ENFORCEMENT INSPECTOR OF THE CITY OF WINTER SPRINGS. I FURTHER MOVE THAT THE VIOLATOR BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATIONS OF THIS SECTION OF THE CITY CODE SHALL BE CONSIDERED A `REOCCURRENCE' OR `REPEAT VIOLATION' REQUIRING FURTHER PROCEEDINGS BEFORE THIS BOARD WITHOUT THE NECESSITY OF GIVING THE VIOLATOR A REASONABLE TIME TO CORRECT SAID FUTURE VIOLATIONS. ADDITIONALLY, IF SUCH A `REPEAT VIOLATION' IS FOUND TO HAVE EXISTED, A FINE SHALL BE IMPOSED IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY. VIOLATIONS BEING ON THE FIRST DAY A VIOLATION IS FOUND TO EXIST. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED ABOVE THAT CLERK OF THE -ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO PUBLIC RECORD FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER THOMPSON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER ROERO STATED, "YOU WERE SAYING ABOUT THE MORTGAGE COMPANY..." BOARD MEMBER THOMPSON REPLIED, "...THAT IS WHY I WENT TO A HUNDRED [DOLLARS] ($100.00) OPPOSED TO THE TWO FIFTY (DOLLARS] ($250.00)..." BOARD MEMBER ROERO ADDED, "BUT I THINK WHEN YOU SAY TWO FIFTY IT -MAKES IT A POINT THAT WE MEAN BUSINESS. THE OTHER MORTGAGE COMPANY - JUMPED TO IT QUICKLY WHEN THE MONEY WAS MOUNTING UP..." BOARD MEMBER THOMPSON STATED, "...I AM NOT BY ANY MEANS AN EXPERT HERE, BUT I AM THINKING THAT PLACE COULD SIT FOR SIX (6) MONTHS OR A YEAR BEFORE THEY FINALLY DECIDE TO TAKE ACTION TO PUT IT BACK ON THE MARKET." ~a I s._ _,; DISCUSSION ENSUED WITH CAPTAIN TOLLESON REGARDING OWNERSHIP OF THE HOME. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 5 OF 9 BOARD MEMBER THOMPSON INDICATED, "WE CAN AMEND IT. THAT IS NOT IN CONCRETE BY ANY MEANS. IT IS JUST [THAT] I WAS TAKING INTO CONSIDERATION WHERE WE COULD BE BECAUSE IT -SOUNDS TO ME LIKE WE ARE PROBABLY GOING TO END UP -ZERO (0) WITH THE ACTUAL HOMEOWNER AT THIS TIME AND WE ARE PROBABLY GOING TO END UP HEARING THIS AGAIN." BOARD MEMBER MATISAK STATED, "I DO NOT KNOW IF YOU -HEARD WHAT CAPTAIN [TOLLESON] JUST SAID ABOUT THE -MORTGAGE COMPANY RIGHT NOW." BOARD MEMBER MATISAK ADDED, "THEY ARE NOT SURE, RIGHT NOW -WHO - IS LEGAL OWNER OF THE PROPERTY BECAUSE THERE SEEMS TO BE SOME BOUNCING BACK AND FORTH HERE. MY ONLY SUGGESTION IN AMENDING HERE IS...I AGREE...I THINK IF THE MORTGAGE COMPANY - OR WHOEVER HANDLES THE FORECLOSURE ON THIS PROPERTY, IF THAT ENDS UP BEING THE CASE AND THEY COME BACK TO US, IT IS ALWAYS SOMETHING WE CAN ADDRESS THEN. BUT, AT LEAST IN THE MEANTIME, WE CAN SAY - WE ARE NOT GOING TO TOLERATE IT." FURTHERMORE, BOARD MEMBER THOMPSON STATED, "ONE OF THE OTHER REASONS, TOO I TRIED TO COMPENSATE WITH A HUNDRED DOLLARS ($100.00) WAS GO FOR THREE (3) DAYS. OPPOSED TO -THAT IS PRETTY MUCH ZERO (0) TIME. YOU ARE GOING TO HAVE THREE (3) DAYS TO GET STARTED DOING SOMETHING AND THEN THAT HUNDRED DOLLARS ($100.00) IS GOING TO START PILING UP REAL, REAL QUICK." BOARD MEMBER KREBS STATED, "I AGREE WITH THE FINE. I DO NOT THINK I HAVE A PROBLEM WITH THREE (3) DAYS. FROM THE LAST CASE THAT WE HAD, IT TOOK A LITTLE WHILE BEFORE THAT MORTGAGE COMPANY REALIZED WHAT WAS GOING ON..." BOARD MEMBER MATISAK STATED, "...BUT ALL THE MORE REASON THEY WILL COME BACK AND COME VISIT. SO WE CAN FIND OUT WHAT IS GOING ON BECAUSE - IT SEEMS LIKE EVEN CODE ENFORCEMENT IS HAVING A DIFFICULT TIME FIGURING OUT WHAT EXACTLY IS GOING ON WITH THIS PROPERTY..." BOARD MEMBER KREBS STATED, "...OKAY, THAT IS FINE." VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER MATISAK: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 6 OF 9 REGULAR C. CASE #03-0004614 30 North 2"d Street Clyne N. Talbot Section 20-433. (Disabled Motor Vehicle) This Agenda Item was not brought to the Hearing. REGULAR D. CASE #04-0004678 765 South Edgemon Avenue Theresa Nicosia Trustee FBO Theresa A. Nicosia Section 13-2. (Trash And Debrisl This Agenda Item was not brought to the Hearing. REGULAR E. CASE #04-0004816 45 South Edgemon Avenue Danny White Section 20-433. (Disabled Motor Vehicle -Unlicensed) This Agenda Item was not brought to the Hearing. REGULAR F. CASE #04-0004957 227 Bennett Street Bernard G. Hearl And Linda Rossel Tenant: Rudolf Zelnicek Section 20-431. And 20-432. (Commercial Vehicle) This Agenda Item was not brought to the Hearing. REGULAR G. CASE #04-0004999 507 South Edgemon Avenue Deborah Henrickson Section 6-46. (No Building Permit -Garage Door Into French Doors) This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 7 OF 9 REGULAR H. CASE #04-0005056 51 South Devon Avenue Anthony Cane Section 20-431. And 20-432. (Commercial Vehicle This Agenda Item was not brought to the Hearing. REGULAR I. CASE #04-0005079 1016 Winter Springs Boulevard Pamela E. And William B. Myatt And Eugene K. And Vivian M. Hall Section 6-46. (No Building Permit -Concrete Slab) This Agenda Item was not brought to the Hearing. REGULAR J. CASE #04-0005112 300 East State Road 434, Suite 320 Aggarwal Pension Trust Fund Tenant: Daniel M. O'Connell - (Deli-I-Licious) Section 16-56. (Unpermitted Sign(s) On Right-Of--Way) This Agenda Item was not brought to the Hearing. REGULAR K. CASE #04-0005113 300 East State Road 434, Suite 320 Aggarwal Pension Trust Fund Tenant: Daniel M. O'Connell - (Deli-I-Licious) Section 16-87. (Banner Sign) This Agenda Item was not brought to the Hearing. REGULAR L. CASE #04-0005161 975 Turkey Hollow Circle Rodney And Natalie Glisan Section 20-411. (Trailer -Oversize) ..x _,.. This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 8 OF 9 IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS `~ `~` Discussion ensued on an upcoming City Commission Agenda Item relating to Arbor Fines. Captain Tolleson then presented comparable Code Enforcement "Tree" cases related to other Municipalities. Discussion. Chairman Pitts inquired for the record about the procedures of informing Violators that they do not have to appear before the Code Enforcement Board. Discussion. Board Member Mathew Matisak stated for the record the necessity to update the Code Enforcement "Relief Order" and "Finding of Fact" forms. Chairman Pitts asked, "Could we get a new set of the correct [forms]?" Captain Tolleson responded, "I am going to take this [Relief Order and Finding of Fact forms] with me and look and see what I have and make copies." Further discussion ensued regarding revising Code Enforcement forms for Arbor Ordinance readings and other Code Enforcement issues. Additionally, Board Member Matisak stated, "What I would like to do between now and next month, if - it is okay with the Chair [Chairman Pitts] and the rest of the Board, is take a look at some of these and -come up with some recommendations." Board Member Matisak also suggested, "Look at them [Code Enforcement forms] next Meeting [and] pass them over to the parties [Departments] that need to look at it." Board Member Thompson stated, "All your proposals, especially the ones you have written up and presented to the [Code Enforcement] Board, have always been professional and on the highest level of your integrity to serve the City." Board Member Matisak responded, "Thanks, I appreciate it." On a separate issue, Board Member Matisak stated, "I know we got a new phone and address listing. I just wanted to make a note to everybody that my residence phone number is incorrect -that needs to be modified." Chairman Pitts reminded the Code Enforcement Board Members of the Sunshine Law Seminar scheduled for Tuesday, March 23, 2004. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MARCH 16, 2004 PAGE 9 OF 9 IV. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at 7:38 p.m. RESPECTFULLYSUBMITTED BY.• DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the .2004 Code Enforcement Board Regular Meeting.