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HomeMy WebLinkAbout2004 03 16 Consent A. Approval of the February 17, 2004 Regular Meeting MinutesCITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 17, 2004 I. CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order at 7:02 p.m. on Tuesday, February 17, 2004, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman James Pitts, present Vice Chairman Mervin Warner, present Board Member Dick Crenshaw, absent Board Member Paul Krebs, present Board Member Mathew Matisak, 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. Tonight we are going to hear `A', `B', `C', `D', `E', `J', and `K'." Captain Tolleson added, "I would like to ask the Chairman for `B', `C', and `D', when we get to those cases, the owners are here, Mr. [Alan S.] Kornman and Ms. [Wendy E.] Gellar; and -are three (3) individual cases, however, they are three (3) buildings that -sit side by side. Instead of going through each one, I think we could -hear one and then go forth from there." Chairman Pitts responded, "Agreed." City Clerk Andrea Lorenzo-Luaces, swore in those persons who may be providing testimony during the presentation of tonight's cases. ~rt ._ t: ~.~~.. ~; . .. ~~. _. `~ • • AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. • • CITY OF W[NTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 2 OF ] 5 II. CONSENT AGENDA CONSENT A. Approval Of The December 16, 2003 Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER ROERO. VICE CHAIRMAN WARNER INDICATED, "WE NEED SOME CORRECTIONS ON THE DECEMBER 16TH _„ [2003 MINUTES]. THE RELIEF ORDER WAS MADE BY ME." VICE CHAIRMAN WARNER ADDED, "THIS IS THE ONE [CASE] WITH MR. ~`°~ ~~ KOHLER." "I MAKE A MOTION THAT WE ACCEPT THE MINUTES OF DECEMBER 16TH [2003[ AS AMENDED." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER MATISAK. DISCUSSION. VOTE: BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CONSENT B. Approval Of The January 20, 2004 Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION WE ACCEPT THE MINUTES OF JANUARY 20, 2004 AS PRESENTED." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MATISAK: AYE MOTION CARRIED. CITY OF W[NTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 3 OF I S III. REGULAR AGENDA REGULAR A. CASE #02-0001485 406 David Street George F. And Cathy M. Boling ~. Section 20-431. And 20-432. (Commercial Vehicle) - .~ (Repeat Offender) ~~. , Captain Tolleson stated, "Originally, was issued a Relief Order on January 28, 2003 and the Relief Order of Twenty-Five Dollars ($25.00) per day. The vehicle was cited again on January 16, 2004 in violation." Captain Tolleson added, "Currently, it in Compliance and we are asking for a Finding of Fact as a Repeat Violator." Mr. George F. Boling, 406 David Street, Winter Springs, Florida: commented that his commercial vehicle had been parked at the same location for several years. FINDING OF FACT.• "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS GEORGE F. AND CATHY M. BOEING, CASE [NUMBER] 02-0001485, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT AND THE INFORMATION PREPARED BY THE CODE ENFORCEMENT INSPECTORS AND HEARD AT THIS MEETING A SWORN TESTIMONY OF THE CODE INSPECTOR. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT GEORGE F. AND CATHY M. BOEING WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE - THE VIOLATION OF SECTION[S] 20-43[1]. AND 20-432. `COMMERCIAL VEHICLE' THAT THE CITY CODE EXISTS UPON THEIR PROPERTY AND WILL PROVIDE A REASONABLE TIME TO CORRECT SUCH VIOLATION. THAT THE VIOLATORS ARE NOT IN VIOLATION OF THE -SECTION OF THE CITY CODE AT THIS TIME, AND THEREFORE, I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE. THAT THE VIOLATORS BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATION OF THIS SECTION [20-431. AND 20-432.] OF THE CITY CODE SHALL BE CONSIDERED REPEAT VIOLATION' WITHOUT THE NECESSITY OF GIVING THE VIOLATORS FURTHER TIME TO CORRECT SUCH VIOLATION. IF SUCH `REPEAT VIOLATION' IS FOUND TO HAVE EXISTED, A FINE SHALL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY, PER VIOLATION, BEGINNING THE FIRST DATE THE VIOLATION WAS AGAIN FOUND TO EXIST. CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 4 OF 15 THE VIOLATORS [ARE] PRESENT AT THIS HEARING AND HAVE HEARD THE WORD OF THE BOARD. I FURTHER MOVE THAT THE VIOLATOR[S] BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN WARNER. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER MATISAK: AYE- VICE CHAIRMAN WARNER: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. Discussion ensued regarding the original Relief Order. RELIEF ORDER -ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS GEORGE F. AND CATHY M. BOEING, CODE ENFORCEMENT BOARD [CASE] NUMBER 020001485, THE VIOLATORS, GEORGE F. AND CATHY M. BOEING HAVE BEEN FOUND TO BE IN VIOLATION OF SECTION 20-431. [AND] 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE. I FURTHER MOVE THAT THE VIOLATOR[S] BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATION OF THIS SECTION OF THE CODE ENFORCEMENT SHALL BE CONSIDERED TO BE [A] `REOCCURRENCE' OR `REPEAT VIOLATION' REQUIRING FURTHER PROCEEDINGS BEFORE THE BOARD WITHOUT THE [NECESSITY] OF GIVING THE VIOLATORS A REASONABLE TIME TO CORRECT SUCH FUTURE VIOLATION. IN ADDITION, IF SUCH `REPEAT VIOLATION' IS FOUND TO EXIST, A FINE WILL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY, PER VIOLATION, BEGINNING THE FIRST DATE OF VIOLATION IS FOUND TO EXIST. CLERK OF THE CODE OF ENFORCEMENT BOARD IS TO BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER TO PUBLIC RECORDS FOR SEMINOLE COUNTY. AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER MATISAK. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 5 OF 15 VOTE: VICE CHAIRMAN WARNER: AYE BOARD MEMBER MATISAK: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING CASES "B", "C", AND "D" WERE DISCUSSED TOGETHER AS DOCUMENTED, FOLLOWED BY ADDITIONAL CASES. •:• •:• III. REGULAR AGENDA REGULAR B. CASE #03-0004183 101-107 Garden Drive Alan S. Kornman And Wendy E. Geller Section 6-195. (Fence In Disrepair) REGULAR C. CASE #03-0004184 111-117 Garden Drive Alan S. Kornman And Wendy E. Geller Section 6-195. (Fence In Disrepair) REGULAR D. CASE #03-0004185 121-127 Garden Drive Alan S. Kornman And Wendy E. Geller Section 6-195. (Fence In Disrepair) Captain Tolleson gave a brief report regarding Cases "B", "C", and "D" which were originally issued on October 16, 2003. Mr. Alan S. Kornman, 2933 Starwood Drive, Oviedo, Florida: presented his concerns of actual ownership of the fence. Discussion. Tapel/Side B CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 6 OF 15 Captain Tolleson corrected - `Repeat Offender' by stating, "I said it [Cases `B', `C', and `D'] was not [a Repeat Offender]." Mr. Dennis Franklin, Building Official, Community Development Department, briefly discussed safety issues. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS ALAN S. KORNMAN AND WENDY E. GELLER. CODE ENFORCEMENT BOARD . [CASE] NUMBER 03-0004183, CASE 03-0004184, CASE 03-0004185 THE CODE ' ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE [ENFORCEMENT] INSPECTOR AND HEARD AT THIS HEARING A SWORN TESTIMONY OF THE CODE INSPECTOR. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT VIOLATOR[S] ALAN S. KORNMAN AND WENDY E. GELLER WERE PROVIDED NOTICE IN ACCORDANCE WITH THE SECTION 2-59. OF THE CITY CODE, THAT THE VIOLATION OF SECTION 6-195. `FENCE IN DISREPAIR' OF THE CITY CODE EXISTS, THAT THE VIOLATORS [WERE] PROVIDED A REASONABLE TIME TO CORRECT SUCH VIOLATION. THAT THE VIOLATORS FAILED OR REFUSED TO CORRECT VIOLATION WITHIN THE TIME PROVIDED. THAT THE VIOLATORS WERE PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THE VIOLATORS WERE PRESENT AT THE HEARING, AND THAT SUCH VIOLATION EXISTS UPON THE VIOLATOR'S PROPERTY. I FURTHERMORE MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 7 OF 15 RELIEF ORDER -ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS ALAN S. KORNMAN AND WENDY E. GELLER, CODE ENFORCEMENT BOARD [CASE] NUMBER 03-0004183, 03-0004184, 03-0004185, HAVE BEEN FOUND TO BE IN VIOLATION OF SECTION 6-195. `FENCE IN DISREPAIR' OF THE CITY CODE. I MOVE THAT THE VIOLATORS BE GIVEN NINETY (90) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THAT TIME PROVIDED A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CODE [ENFORCEMENT] INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY OR ALL FURTHER REOCCURRENCES OF THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED, WILL NOT NECESSITATE FURTHER PROCEEDING BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT THE VIOLATION. THE FINE FOR SUCH REOCCURRENCE SHALL BE [A] MAXIMUM OF FIFTY DOLLARS ($50.00) PER DAY FOR VIOLATION -BEGINNING THE FIRST DAY THE VIOLATION IS FOUND TO EXIST. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED -THE CLERK OF THE CODE ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORD FOR SEMINOLE COUNTY. FINALLY, AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THE ORDER IMMEDIATELY." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN WARNER. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER MATISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 8 OF 15 Chairman Pitts stated, "If you [Mr. Kornman] have any problems pulling the permits, call Captain Tolleson, he will assist you with that." Board Member Roero commented, "Any tree trimming, get the Arborist [Mr. Michael Mingea, City Arborist, Community Development Department] to check that first." REGULAR F. CASE #03-0004390 870 Benchwood Drive Douglas Cook Section 13-2. (Untended Grass And Weeds) This Item was not discussed. REGULAR G. CASE #03-0004451 639 Pearl Road Risher Properties LLC Section 6-46. (No Building Permit -Windows) This Item was not discussed. REGULAR H. CASE #03-0004549 404 David Street Louise M. Mells (McOwen) Tenant: Mark Roggenkamp Section 13-2. (Trash And Debris -Unsightly Matter) This Item was not discussed. REGULAR I. CASE #03-0004955 1020 Turkey Hollow Circle Raymond C. And Yvette Sherman Section 20-431. And 20-432. (Commercial Vehicle) This Item was not discussed. CITY OF WMTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY l7, 2004 PAGE 9 OF 15 • • AGENDA NOTE: THE FOLLOWING CASES WERE DISCUSSED, IN THE ORDER AS DOCUMENTED. • • III. REGULAR AGENDA REGULAR K. CASE #03-0005008 102 Murphy Road Pedro Torres And Carmen N. Torres And Denise Torres Medeiros Section 6-46. (No Building Permit) Captain Tolleson presented the case by stating, "This particular property was cited on January 16, 2004 by the Building Official, [Mr.] Dennis Franklin, who is here this evening." Captain Tolleson further stated, "They are currently not in violation as of today. We are asking for the Finding of Fact and in a Relief of the amount of the citation." Mr. Franklin briefly reported on the Violations to the existing structure. Discussion. Ms. Denise Torres Medeiros, 102 Murphy Road, Winter Springs, Florida: explained the circumstances for the constructed building. Tape 2/Side A Discussion. "I WOULD MOVE THAT WE FIND THE CITATION IS VALID AND THAT THE PERPETRATOR [PEDRO TORRES AND CARMEN N. TORRES AND DENISE TORRES MEDEIROS] BE GIVEN THIRTY (30) DAYS TO PAY THE FINE TO THE PROPER AUTHORITIES." MOTION BY CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER MATISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE l0 OF 15 Chairman Pitts stated, "Let me suggest this, and I do not know whether this can happen or not. If you make a good faith effort and pay part of it and went to the Code Enforcement Officer and indicated a payment schedule, they might be able to work that out for you. I do not know." On another note, Chairman Pitts stated, "I would like to thank the City Building Department [Mr. Franklin] for being here this evening. I also would like to commend you on your compassion in this particular situation." Mr. Franklin responded, "We will continue to work with this as well as we can within the confines of the Code." REGULAR E. CASE #03-0004186 131-137 Garden Drive Roy Day Section 6-195. (Fence In Disrepair) Captain Tolleson stated, "Was originally issued on October 16, 2003." Captain Tolleson further stated, "We are asking for the Finding of Fact and Relief [Order]." Discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS ROY DAY, CODE ENFORCEMENT BOARD [CASE] NUMBER 03-0004186, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE [ENFORCEMENT] INSPECTOR AND HEARD AT THIS HEARING A SWORN TESTIMONY OF THE CODE INSPECTOR AND OF THE SWORN WITNESSES. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT THE VIOLATOR ROY DAY WAS PROVIDED NOTICE IN ACCORDANCE WITH THE SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 6-195. `FENCE IN DISREPAIR' OF THE CITY CODE EXISTED. THAT THE VIOLATOR WAS PROVIDED A REASONABLE TIME TO CORRECT SUCH VIOLATION. 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. THAT THE VIOLATOR(S) WERE NOT PRESENT AT THE HEARING AND THAT SAID VIOLATION EXISTS UPON THE VIOLATOR'S PROPERTY. CITY OF W[NTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 11 OF I S I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KREBS. SECONDED BY VICE CHAIRMAN WARNER. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER MATISAK: AYE VICE CHAIRMAN WARNER: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER -ORDER OF THE BOARD: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS ROY DAY, CODE ENFORCEMENT BOARD [CASE] NUMBER 03-0004186, THE VIOLATOR, ROY DAY, HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-195. `FENCE IN DISREPAIR' OF THE CITY CODE. I MOVE THAT THE VIOLATOR BE GIVEN NINETY (90) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE VIOLATION IS NOT CORRECTED WITHIN THAT TIME PROVIDED A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY OR ALL FUTURE REOCCURRENCES OF THIS VIOLATION AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID SUCH VIOLATION. THE FINE FOR SUCH REOCCURRENCE SHALL BE A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE DIRECTED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER MATISAK. DISCUSSION. CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 12 OF 15 VOTE: VICE CHAIRMAN WARNER: AYE BOARD MEMBER MATISAK: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. REGULAR J. CASE #03-0004956 624 Alton Road Anthony And Amynette England Section 20-431. & 20-432. (Commercial Vehicle) Captain Tolleson indicated, "Was originally issued on December 7, 2003." Furthermore, Captain Tolleson stated, "It is currently in compliance and we are asking fora `Finding of Fact' only." Discussion. FINDING OF FACT: "IN THE CASE OF THE CITY OF WINTER SPRINGS VERSUS ANTHONY AND AMYNETTTE ENGLAND, CODE ENFORCEMENT BOARD [CASE] NUMBER 03-0004956 THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT AND THE DESCRIPTIVE INFORMATION PREPARED BY THE CODE ENFORCEMENT INSPECTOR AND HEARD AT THIS MEETING A SWORN TESTIMONY OF THE BOARD'S CODE INSPECTOR. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND THAT ANTHONY AND AMYNETTE ENGLAND WERE PROVIDED NOTICE IN ACCORDANCE WITH THE SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 20-431. AND 20-432. [COMMERCIAL VEHICLE] OF THE CITY CODE EXISTED ON THEIR PROPERTY AND WERE PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATIONS. THAT THE VIOLATORS ARE NOT IN VIOLATION OF THE STATED SECTIONS [20-431. AND 20-432.] OF THE CITY CODE AT THIS TIME AND CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 13 OF 15 THEREFORE, I FURTHER MOVE THAT THIS CASE BE FOUND IN COMPLIANCE. THAT THE VIOLATORS BE NOTIFIED BY THIS BOARD THAT ANY FUTURE VIOLATIONS OF THIS SECTION [20-431. AND 20-432.] OF THE CITY CODE SHALL BE CONSIDERED A `REPEAT VIOLATION' WITHOUT THE NECESSITY OF GIVING THE VIOLATORS FURTHER TIME TO CORRECT SAID VIOLATION. IF SUCH `REPEAT VIOLATION' IS FOUND TO HAVE EXISTED, A FINE SHALL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY OF THE VIOLATION WAS AGAIN FOUND TO EXIST." MOTION BY BOARD MEMBER MATISAK. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER MATISAK: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. With regard to related Board business, Chairman Pitts requested from the City Clerk's Office, "Can we have an updated copy of the new Code Enforcement Board with the meeting dates and who everybody is and where we can find them [Code Enforcement Board Members]?" Discussion. REGULAR L. Election Of Officers "MOTION TO ACCEPT JAMES PITTS AS OUR CHAIRMAN AND MERVIN WARNER AS VICE CHAIRMAN. MOTION BY BOARD MEMBER ROERO. SECONDED. DISCUSSION. VOTE: BOARD MEMBE KREBS: AYE VICE CHAIRMAN WARNER: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER MATISAK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE 14 OF 15 IV. FUTURE AGENDA ITEMS This Item was not discussed. V. REPORTS Discussion ensued regarding fines being cited to residents of Winter Springs and the City Commission's decision to limit the fines passed by the Code Enforcement Board. Vice Chairman Warner spoke for the record regarding comments made by the City Commission pertaining to Code Enforcement issues. Chairman Pitts also spoke for the record regarding the difference in Code Enforcement fines. Discussion. Board Member Roero asked if a member of the City Commission could attend a Code Enforcement Board Meeting and address their concerns. Chairman Pitts indicated, "I think we should." Vice Chairman Warner responded, "We had [Commissioner] Michael [S.] Blake here." Board Member Matisak stated, "I think he [Commissioner Blake] did a good job at voicing our concerns." Board Member Roero said to Captain Tolleson, "You have been very good." Comments regarding a recent article in the Orlando Sentinel were made by Captain Tolleson who also indicated, "You [Board Members] all have done a good job." Captain Tolleson noted that he will be presenting an issue to the City Commission regarding all of the trees at a K-Mart development site being stripped out. Chairman Pitts asked, "Will you let us know when you are going to do that, we might like to be attendance?" Captain Tolleson responded, "Absolutely." Much discussion ensued regarding the Sunshine Law Seminar and a newspaper article which covered previous `Tree' cases. Chairman Pitts asked the question regarding the new Arbor Code, "Did everyone get their water bill? I did not think it was strong enough." In regards to the Arbor Code being on the City's Website, Vice Chairman Warner noted, "Everybody does not have a computer - what is going to happen to those people?" Discussion. C[TY OF WINTER SPRINGS AGENDA CODE ENFORCEMEMT BOARD REGULAR MEETING -FEBRUARY 17, 2004 PAGE I S OF 15 VI. ADJOURNMENT With consensus of the Board, Chairman Pitts adjourned the Meeting at 9:05 p.m. RESPECTFULLYSUBMITTED BY.• DEBBIE FRANKLIN, DEPUTY CITY CLERK, AND JOAN BROWN ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2004 Code Enforcement Board Regular Meeting.