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HomeMy WebLinkAbout2005 11 15 Consent 200 Approval of the October 18, 2005 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA A MINUTES ""~- CODE ENFORCEMENT BOARD O REGULAR MEETING Q OCTOBER 18, 2005 ~+ CALL TO ORDER `~._~' The Code Enforcement Board Regular Meeting of Tuesday, October 18, 2005, was called to Order at 7:03 p.m. by Chairman Mathew Matisak, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Mathew Matisak, present Vice Chairman Greg Roero, present Board Member Alisa Kaufman, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Leah Weisman, arrived at 7:04 pm Board Member Jim Wentz, present Alternate Board Member Dick Crenshaw, present Alternate Board Member James B. Pitts, present Chairman Matisak led the Pledge of Allegiance. Note: Roll Call followed of the Beautification of Winter Springs Board Members who were invited to attend this Code Enforcement Board Meeting to hear the Presentation of the Parliamentary Procedures (Informational Consent Item 300): Roll Call: (Beautification of Winter Springs Board) Chairperson Dawna Ferguson, absent Board Member Alice Bard, absent Board Member Ethel Beecher, present Board Member Larry Chmura, absent Board Member Robert Kirkwood, absent Board Member Carol Morrison, absent Board Member Lorry Roero, absent 1r . r CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 2 OF 21 • • AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM Q WAS DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA•• Qi INFORMATIONAL AGENDA • '_ INFORMATIONAL 300. Office Of The City Attorney Review Of Parliamentary Procedures For Advisory Boards. Ms. Kate Latorre, Assistant City Attorney presented this Agenda Item. Discussion. Chairman Matisak stated, "I would like to invite anybody who was here for the Presentation to feel free to stay and witness the proceedings for the Code Enforcement Board a little bit later on." "I WOULD LIKE TO HAVE A MOTION TO RECESS FOR ABOUT TEN MINUTES. DO I HAVE A SECOND?" SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Chairman Matisak called a recess at 7.•30 p. m. Chairman Matisak called the Meeting back to order at 7: 40 p. m. • • AGENDA NOTE: THE FOLLOWING INFORMATION WAS PRESENTED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA• • Chairman Matisak stated, "The Chair would like to recognize that Board Member [James B.] Pitts, Board Member [Dick] Crenshaw and Board Member [Leah] Weisman are present for the Record." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 3 OF 21 Q Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes, Sir there is. Tonight, we are going to hear Case 402.4, Q~ 402.12, 402.13, 402.14, and 403.1." Assistant to the City Clerk Carol Lallathin swore in those persons who may be providing ~"~ testimony during the presentation of tonight's cases. PUBLIC INPUT No one spoke. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The September 20, 2005 Regular Meeting Minutes. Chairman Matisak said, "Can I have a Motion to Approve last month's Minutes?" "I MAKE A MOTION TO APPROVE THAT." MOTION MADE BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 400.1 Code Enforcement Bureau None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 4 OF 21 PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS -REPEAT CASES 401.1 Code Enforcement Bureau None. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 402.1 Code Enforcement Bureau CASE #04-0006554 171 North Bombay Avenue Steven J. And Cheryl S. Gray Tenant: Michael M. Sands Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified -Proof Of Delivery September 30, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.2 Code Enforcement Bureau CASE #04-0007471 239 Oak Road Jimmy L. Vessels Tenant: Michelle Molenaar Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - N/A Inspector -Cathy Davidson w a 0 a This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.3 Code Enforcement Bureau CASE #OS-0008813 225 Shore Road Elsa B. Kaczor Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -September 27, 2006 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WMTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 5 OF 21 PUBLIC HEARINGS -NEW CASES 402.4 Code Enforcement Bureau CASE #05-0009402 107 North Alderwood Street 107 Alderwood Land Trust FBO Section 20-411. And 20-431. (Utility Trailer) Date Of Service: Certified -Proof Of Delivery September 26, 2005 Inspector -Jose Romero Tenant: Kathy Ervin Captain Tolleson stated, "Case Number OS-009402, 107 North Alderwood Street, Property Owner, 107 Alderwood Land Trust FBO; the tenant is Kathy Ervin. Violation to Section 20- 41 land 20-431. Utility Trailer." Furthermore, Captain Tolleson stated, "Date of Service was Certified on September 26, 2005. The Inspector in this Case is [Mr.] Jose Romero, Code Enforcement Inspector, Police Department. Was originally cited on June 16, 2005 and issued a Notice of Violation Warning. This Property failed a reinspection on June 21, 2005, and on October 16, 2005. Certified Notice was signed for on September 26, 2005 -giving Ms. Ervin an additional three (3) days to correct the Violations. She is currently not in Compliance and we are asking for a Finding of Fact and Relief in this Case." Ms. Kathy Ervin, 107 North Alderwood Street, Winter Springs, Florida: commented that she has lived at this address for approximately three (3) years and stated that "When she first moved to the house and signed the lease she was not aware of any Ordinances in the City. The trailer was sitting in front of her home until somebody came by and said that it had to be behind the front line of the house, which they did move it immediately - to the side of the house and that the trailer sat there for almost three (3) years." A ~~ C~ ~~ F-, Chairman Matisak said, "When was the first time that you were made aware of the Violation?" C[TY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 6 OF 21 ~~7 Ms. Ervin stated, "When I first moved there because the trailer was sitting in the front yard because I was not aware that there were City Ordinances when I first moved in. They came and put a door hangar and said `You can't have it in your front yard. It has to be behind the ~ front line of the home.' The door hangar does not say `Behind the front line of the home ~,., unless you are on a corner lot'. I moved the trailer and it has been sitting there for almost ~--~ three (3) years and has not been a problem until recently." Chairman Matisak asked, "Other than the Notices that you received of the Hearing this evening what communication have you had with the Code Inspector's office?" Ms. Ervin stated, "They have sent me letters in the mail and I did come for a Hearing that was supposed to be a few weeks ago. When I came here that night this gentleman (indicated Captain Tolleson) told me that my Hearing was postponed and he spoke with me briefly then." Chairman Matisak asked of Captain Tolleson, "What kind of remedy here would put this into Compliance given the current structure of where it sits?" Captain Tolleson responded, "The only way that it could go into Compliance is to put a six foot (6') fence on the rear side and put it behind it." Chairman Matisak said, "But she can not do that because she is not the Owner, correct?" Discussion. Tape 1/Side B FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS 107 ALDERWOOD LAND TRUST FBO, CASE NUMBER OS-0009402. 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: 107 ALDERWOOD LAND TRUST FBO, WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION(S) 20-411. AND 20-431. (UTILITY TRAILER] 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 7 OF 21 4. THE VIOLATION CONTINUES TO EXIST UPON THE - [RESPONDENT'S] PROPERTY. THEREFORE, I MOVE THAT THE BOARD FIND THAT 107 ALDERWOOD LAND TRUST FBO HAS VIOLATED SECTIONS 20-411. AND 20-431. [UTILITY TRAILER] 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 BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS 107 ALDERWOOD LAND TRUST FBO, CASE NUMBER OS-0009402, HAVING BEEN FOUND `GUILTY' OF VIOLATING SECTIONS 20-411. AND 20-431. UTILITY TRAILER OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. [107] ALDERWOOD LAND TRUST FBO, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, [107J ALDERWOOD LAND TRUST FBO, 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 ONE HUNDRED DOLLARS ($100.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. w ~_ '~ CITY OF W[NTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~-,,~-~ REGULAR MEETING -OCTOBER 18, 2005 PAGE 8 OF 21 ~,+~' 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." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER PELLERIN STATED, "I THINK FIVE (5) DAYS IS RATHER SHORT. THE CITY TOOK ALMOST THREE (3) YEARS BEFORE THEY NOTIFIED HER. I THINK WE OUGHT TO ALLOW THIRTY (30) DAYS FOR HER TO RESOLVE THIS PROBLEM." BOARD MEMBER KAUFMAN SAID, "I WOULD SAY MAYBE TEN (10) DAYS." BOARD MEMBER KREBS SAID, "LET US SPLIT IT AND MAKE IT SEVEN (7)." CHAIRMAN MATISAK SAID, "DO I HAVE A MOTION TO AMEND?" "MOTION TO AMEND TO SEVEN (7) DAYS." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER WENTZ: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PELLERIN: NAY BOARD MEMBER KAUFMAN: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER PELLERIN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 402.5 Code Enforcement Bureau CASE #OS-0009436 1034 Forest Circle William P. Fox Chapter 3 (Minimum Standards) Date Of Service: Certified - N/A CITY OF WINTER SPRINGS, FLORIDA MINUTES A CODE ENFORCEMENT BOARD Asa REGULAR MEETING -OCTOBER 18, 2005 ~°"' PAGE 9 OF 21 Q.~ '~ i~ Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.6 Code Enforcement Bureau CASE #05-0009712 722 Sailfish Road Jason Barbarossa And Giuseppe M. Barbarossa And Ana M. Barbarossa Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -September 27, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.7 Code Enforcement Bureau CASE #OS-0009715 704 Sailfish Road Brian McArdle Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -September 27, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.8 Code Enforcement Bureau CASE #05-0009927 1009 Taproot Drive Ralph Cruz Jr. Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - September 25, 2005 "Unclaimed Mail" Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.9 Code Enforcement Bureau CASE #OS-0009934 209 Spoonwood Court Robert Cheng Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - October 4, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.10 Code Enforcement Bureau CASE #OS-0009938 317 San Gabriel Street Geraldine D. And Henry Manning Section 12-53. (a)(b) (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified -Proof Of Delivery September 28, 2005 ctor -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.11 Code Enforcement Bureau CASE #OS-0010035 141 West SR 434 Partners Preferred Yield Inc. Section 6-46. (No Building Permit For Re-Roof) Date Of Service: Certified -Proof Of Delivery September 29, 2005 Inspector -Glenn Tolleson CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 10 OF 21 _® i~ ~~ This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 1 I OF 21 PUBLIC HEARINGS -NEW CASES 402.12 Code Enforcement Bureau CASE #OS-0010203 655 Tam Court Marie E. Potes And Alberto Becerra Chapter 5 (No Arbor Permit) Date Of Service: Certified -Proof Of Delivery September 24, 2005 Inspector -Cathy Davidson Captain Tolleson stated, "It was originally cited on August 29, 2005, and issued a Warning Notice of Violation because of reinspection on September 15, 2005. Certified Mail and Notice was sent and property was posted on October 8th, 2005. Currently, it is not in Compliance and we are asking fora `Finding of Fact' and `Relief [Order]'. Provisions of Chapter 5 - require a relief of two hundred fifty dollars ($250.00) per `No Permit in Tree Case'." Captain Tolleson continued, "This is strictly about the Permit of the tree." Chairman Matisak said, "Is it two [hundred] fifty [dollars] ($250.00) no matter how many trees are taken down or is it on a per tree basis?" Captain Tolleson responded, "The code is written - it would be a per tree basis - it would be the caliper of the tree. However, the Case was not written that way and I can only Attest to the fact that it was for `No Permit'." Captain Tolleson indicated that the Respondent's son and Inspector Jose Romero would be interpreting for his father." Chairman Matisak asked, "So, Inspector Romero is going to interpret for the Respondent?" Captain Tolleson stated, "Yes, sir. I want the Record to say this, `At the Respondent's request' and both of them together will be going for the Respondent as well as for the City." Ms. Maria Potes, 6S5 Tam Court, Winter Springs, Florida: commented on the fact that they bought the house after September last year. Mr. Carlos Becerra, 655 Tam Court, Winter Springs, Florida: commented that "They saw the trees over the top of the house and thought them to be dangerous and decided to have the trees cut down. They contracted a person to cut down the trees not knowing that they needed Permits. He further stated that they cut down the trees and then they had to pay someone else to come to remove the debris. The Contractor was licensed in Orlando, but he did not tell us he could not cut trees in Winter Springs." Chairman Matisak asked, "Captain Tolleson do you have information on that?" Captain Tolleson said, "I have a question. Who was the Contractor?" The Mr. Becerra responded, "I am not sure, I gave all the papers to Mr. Mike Mingea, Arborist/Environmental Inspector, Community Development Department told us that he would be back the next day with a copy." ~d Q ~..~ .ems i•~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 12 OF 21 Code Enforcement Inspector Romero, said, "They had an Application. I translated for them on one occasion with Mr. Mingea and they had a copy of an Application where they tried to get a Permit. And the paperwork had all the information on the Contractor, which she tried to contact while I was there with Mr. Mingea. There is paperwork, but it was never finalized. The Permit was never finalized because the Contractor would not go in to take care of the paperwork." Mr. Romero asked of Ms. Potes if she knew the name of the Contractor. She responded and Inspector Romero said, "His name is Carlos Garcia." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS MARIA E. POTES AND ALBERTO BECERRA, CASE NUMBER 05-0010203. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MARIA E. POTES AND ALBERTO BECERRA AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN -CASE BASED ON THE FOLLOWING: MARIA E. POTES AND ALBERTO BECERRA WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER 5 (NO ARBOR PERMIT) 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 THE BOARD FIND THAT MARIA E. POTES AND ALBERTO BECERRA HAVE VIOLATED CHAPTER 5 [NO ARBOR PERMIT] OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER KAUFMAN. A w v 0 VOTE: BOARD MEMBER KAUFMAN: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. RELIEF ORDER: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 13 OF 21 "THE CITY OF WINTER SPRINGS VERSUS MARIA E. POTES AND ALBERTO BECERRA, CASE NUMBER OS-0010203, HAVING BEEN FOUND `GUILTY' OF VIOLATING CHAPTER 5 (NO ARBOR PERMIT) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. MARIA E. POTES AND ALBERTO BECERRA, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED FIFTY DOLLARS ($250.00) PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, MARIA E. POTES AND ALBERTO BECERRA, 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. A FINE FOR A REPEAT VIOLATION WILL BE FIFTY DOLLARS ($50.00) 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. 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 KAUFMAN. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. ••~a ~~ Q~ '~" i ...-' CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 14 OF 21 BOARD MEMBER JIM WENTZ ASKED OF CAPTAIN TOLLESON, "FROM WHAT YOU SAID BEFORE, IS THIS ONLY SUBJECT TO TWO HUNDRED FIFTY DOLLARS ($250.00)?" CAPTAIN TOLLESON REPLIED, "THAT IS CORRECT. IT IS ALSO NOT ADAY - IT IS TWO HUNDRED FIFTY DOLLARS ($250.00)." BOARD MEMBER KAUFMAN SAID, "I WOULD LIKE TO AMEND IT. THAT IS A TWO HUNDRED FIFTY DOLLAR ($250.00) FINE PERIOD." CHAIRMAN MATISAK STATED, "JUST SO I UNDERSTAND, SO WE HAVE A MOTION TO AMEND THAT THE FINE IS TWO HUNDRED FIFTY DOLLARS ($250.00) IF THE RESPONDENTS DO NOT COME INTO COMPLIANCE WITHIN FIVE (5) DAYS." BOARD MEMBER KAUFMAN SAID, "THAT IS CORRECT." SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (ON AMENDMENT) VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. _A _~ ~~ ~" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 15 OF 21 PUBLIC HEARINGS -NEW CASES 402.13 Code Enforcement Bureau CASE #05-0010211 127 Cory Lane Grand Forks LLC Chapter 3 (Minimum Standards -Broken Window (Covered By Plywood) Date of Service: Certified -October 3, 2005 "Unclaimed Mail" Inspector -Cathy Davidson Captain Tolleson stated, "The date of Service was on October 3rd [2005] and it came Returned, Unclaimed. Posted the Property on October 8, 2005. Was originally cited on August 29, 2005. This property failed a reinspection on October 8, 2005. Certified Notice was posted on October 8, 2005. Currently, it is not in Compliance. We are asking for `Finding of Fact' and `Relief [Order]' of this matter." Captain Tolleson continued, "The State of Florida has adopted `The International Building Code' and this is just one of the volumes of it. Basically, if you look at paragraph 304.13, Windows, Skylights, Door Frames, every window, skylight door and frame shall be kept in sound condition and good repair." Captain Tolleson further stated, "Continued efforts in these areas that we are currently working on to bring properties -into minimum standards throughout the city. This is a multi- family quad rental. No one is residing at this location." Chairman Matisak said, "Do we have a Motion?" FINDING OF FACT: "MOTION TO FIND THE `VIOLATIONS FOUND TO HAVE EXISTED AS OF THIS HEARING' AND `GUILTY'." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. Tape 2/Side A VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. ~i.~ _~ _~ ...~' CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 16 OF 21 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS GRAND FORKS LLC, CASE NUMBER OS-0010211, HAVING BEEN FOUND `GUILTY' OF VIOLATING - CHAPTER 3 OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. GRAND FORKS - (LLC], IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED DOLLARS ($100.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, GRAND FORKS LLC, 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 TWO HUNDRED FIFTY DOLLARS ($250.00) 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." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. w 0 cz~. -C....~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 17 OF 21 PUBLIC HEARINGS -NEW CASES 402.14 Code Enforcement Bureau CASE #05-0010237 658 Tam Court Edward T. Gregory Chapter 5 (No Arbor Permit) Date Of Service: Certified -Proof Of Delivery September 24, 2005 Inspector -Cathy Davidson Captain Tolleson stated, "Violation of Chapter 5, `Permit required for removal'. Was originally cited on September 1, 2005. Issued a Warning of Notice of Violation. Held a reinspection on the 15th of September [2005]. Certified Mail and Notice was sent and signed for on September 24, [2005]. Currently, has not come into Compliance. We are asking for a `Finding of Fact' and by the provisions of Chapter 5 -Fine of two hundred fifty dollars ($250.00) for `No Permit'." Captain Tolleson continued, "It is a fact that we could not get back onto the property after issuing that Notice. Basically, there is a large tree that has been `Hat Racked'. This was done by the property owner with no Contractor." Ms. Cathy Davidson, Code Enforcement Inspector, Police Department said, "I did talk to Mr. Gregory and the Arborist also spoke with him, and he said that `Yes, he did cut the tree' - `did some trimming of the tree'. I told him he had to have a Permit for that since essentially he cut the tree down." Chairman Matisak asked, "Mr. Gregory said that?" Inspector Davidson said, "Yes." FINDING OF FACT: `THE CITY OF WINTER SPRINGS VERSUS EDWARD T. GREGORY, CASE NUMBER 05-0010237. 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 HER CASE BASED ON THE FOLLOWING: 1. EDWARD T. GREGORY WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER 5 (NO ARBOR PERMIT) 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. ~~ ~_ oe^~ J 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~ REGULAR MEETING -OCTOBER l8, 2005 PAGE 18 OF 21 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 EDWARD T. GREGORY HAS VIOLATED CHAPTER 5 (NO ARBOR PERMIT) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. "THE CITY OF WINTER SPRINGS VERSUS EDWARD T. GREGORY, CASE NUMBER OS-0010237, HAVING BEEN FOUND `GUILTY' OF VIOLATING CHAPTER 5 (NO ARBOR PERMIT) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. EDWARD T. GREGORY, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED FIFTY DOLLARS ($250.00) WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 19 OF 21 PUBLIC HEARINGS -NEW CASES 402.15 Code Enforcement Bureau CASE #05-0010242 229 West Panama Road James L. Mattox Section 20-411. And 20-431. And 20-434. (Trailer -Oversized) Date Of Service: Certified - October 4, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 403.1 Code Enforcement Bureau CASE #CEB-O1-841 130 East Bahama Road King J. And Sindy Smith Section 13-2. (Debris Stored In Driveway -Junk) Date Of Service: Certified -October 4, 2005 Inspector -Jose Romero Captain Tolleson stated, "Case Number CEB-O1-841, 130 East Bahama Road, King J. and Sindy Smith, Sections 13-2. (Debris Stored in Driveway -Junk). Date of Service was October 4, 2005. Mr. Smith is here this evening. Inspector is Jose Romero. And as I handed out - is an Order of Code Enforcement Board on its original Case. From August of 2001, where Mr. King was found to be in Violation and came into Compliance. However, in the Order it says that it is `twenty five dollars ($25.00) a day'. This is a Hearing of Non- compliance. Originally heard before this Board on August 21S`, 2001 -the Board found that King J. and Sindy Smith was in Compliance and the Board Order stated that any further Violation would post a fine of `twenty five dollars ($25.00) a day until Compliance was Achieved'. The Property is currently not in Compliance and we are asking fora `Finding of Fact' and `Relief [Order]' in the amount of seven hundred fifty dollars ($750.00) for thirty (30) days of Non-Compliance at twenty five dollars ($25.00) a day, per the Board Orders starting from September 19t", 2005 through October 18t", 2005." s..,~~ ~+ _~ pl..a ~- Mr. King Smith, 130 Bahama Road East, Winter Springs, Florida: stated that he has cleaned up the property now but he could not get it moved in the appropriate amount of time. However, there are certain things still there that have to be moved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -OCTOBER 18, 2005 PAGE 20 OF 21 RELIEF ORDER: "THIRTY (30) DAYS OUT OF COMPLIANCE, TWENTY FIVE DOLLARS ($25.00) A DAY, THE `SEVEN HUNDRED FIFTY DOLLARS ($750.00) STILL HOLDS' AND - MOVE FOR A MOTION OF SUCH TO FINE - [KING J. AND SINDY SMITH] FOR THAT. CONTINUE UPHOLDING THE MOTION THAT WAS DONE BACK IN 2001 FOR `TWENTY FIVE DOLLARS ($25.00) A DAY UNTIL IT IS IN COMPLIANCE'." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: NAY VICE CHAIRMAN ROERO: AYE BOARD MEMBER KAUFMAN: AYE MOTION CARRIED. PUBLIC HEARINGS -NON-COMPLIANCE CASES 403.2 Code Enforcement Bureau CASE #04-0007008 1309 Deer Run Beatrice Wise Life Est, C/O Robert Wise Jr. And Ivory Wise Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - N/A Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. 600. REPORTS Chairman Matisak said, "At the last Meeting we looked at Scripts for Compliance Cases and I did, at the Board's request -make those changes and sent them over to Debbie [Franklin], Deputy City Clerk, but, unfortunately she could not be here this evening. So, next month we will take a look at them and Vote for final Approval on those." FUTURE AGENDA ITEMS None were noted. w .. y i ~~" ..._' CITY OF WINTER SPRINGS, FLORIDA ~A MINUTES CODE ENFORCEMENT BOARD~~~~ REGULAR MEETING -OCTOBER 18, 2005 PAGE 21 OF 21 ADJOURNMENT With Consensus of the Board, Chairman Matisak adjourned the Meeting at approximately 9:16 p.m. ~~ RESPECTFULLYSUBMITTED BY: DEBBIE FRANKLIN, DEPUTY CITY CLERK, AND CAROL LALLATHIN ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2005 Code Enforcement Boazd Regular Meeting.