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HomeMy WebLinkAbout2005 08 16 Consent 200 Approval of the July 19, 2005 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA A MINUTES ._„s CODE ENFORCEMENT BOARD REGULAR MEETING y JULY 19, 2005 Q,a ~~ CALL TO ORDER ~ '-~ Vice Chairman Mathew Matisak called the Regular Meeting of the Code Enforcement Board to Order on Tuesday, July 19, 2005 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: Vice Chairman Mathew Matisak, present Board Member Alisa Kaufman, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Greg Roero, present Board Member Jim Wentz, present Alternate Board Member Dick Crenshaw, present Alternate Board Member James B. Pitts, present Alternate Board Member Dick Crenshaw sat in to complete the seven (7) Member Board. Vice Chairman Mathew Matisak led the Pledge of Allegiance. Deputy City Clerk Debbie Franklin swore in the new Members of the Code Enforcement Board. Vice Chairman Matisak stated, "I would like to open up the floor to get some input from the Board Members as to how we proceed with the Officers for the positions of Chair[person] and Vice Chair[person]. Any recommendations?" "I RECOMMEND YOU [VICE CHAIRMAN MATISAK]." MOTION BY BOARD MEMBER ROERO. VICE CHAIRMAN MATISAK STATED, "I HAVE A NOMINATION FOR CHAIRMAN BY BOARD MEMBER ROERO FOR MYSELF." SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 2 OF 21 VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE [BOARD MEMBER] GREG ROERO FOR VICE CHAIRMAN." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC INPUT No one spoke. Deputy City Clerk Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department, stated, "Yes, Sir there is. Tonight, we will be hearing [Case Numbers] 402.1 under Public Hearing, 402.14, 402.15, [and] 402.17, and we are also going to hear some Non-Compliance Cases this evening which would be Cases [Number] 403.1, [403.]2, and [403.]3." 0 csr~.. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 3 OF 21 :•• AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED AS DOCUMENTED, FOLLOWED BY THE REMAINING AGENDA ITEMS. • • PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 402.1 Code Enforcement Department CASE #OS-0008131 780 East State Road 434 DIAG INV LTD Section 13-2. (Trash And Debris) Date Of Service: Certified - Inspector -Jose Romero Captain Tolleson stated, "It is currently not in Compliance as of the 18th of July 2005. We are asking for Finding of Fact and Relief [Order] in this Case." Captain Tolleson added, "We do periodic patrols through there. We are trying to catch whoever is dumping there. Apparently, people are doing roofs -filling up dump trailers." Chairman Matisak asked, "Have the Owners of the property said anything to you?" Captain Tolleson stated, "No, Sir I have not had any contact with the Owners and they did not accept Certified Mail." Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS THE DIAG INVESTMENT LIMITED, CASE NUMBER OS-0008131. 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: 1. DIAG INVESTMENT LIMITED 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. (TRASH AND DEBRIS) OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 4 OF 21 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. 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 DIAG INVESTMENT LIMITED HAVE VIOLATED SECTION 13-2. (TRASH AND DEBRIS) 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 VICE CHAIRMAN ROERO. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KAUFMAN: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DIAG INVESTMENT LIMITED, CASE NUMBER OS-00[0]8131 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. [DIAG INVESTMENT LIMITED], 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 FOR THE CITY OF WINTER SPRINGS. w v 0 a CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 5 OF 21 FURTHERMORE, DIAG INVESTMENT LIMITED, ANY AND ALL FUTURE A REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A ~' REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE O FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT i THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE TWO HUNDRED AND 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 BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KAUFMAN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED AS DOCUMENTED, FOLLOWED BY THE REMAINING AGENDA ITEMS. • • CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The June 21, 2005 Regular Meeting Minutes. "I MOVE THAT WE APPROVE THE MINUTES OF LAST MONTH'S MEETING -NNE 21, 2005." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 6 OF 2l VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 400.1 Code Enforcement Department None. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS -REPEAT CASES 401.1 Code Enforcement Department None. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 402.2 Code Enforcement Department CASE #OS-0008487 280 La Vista Drive Hacienda Village Co-Op, Inc. Section 6-186. (No Building Permit -Fence) Date Of Service: Certified Inspector -Jose Romero A w v 0 a This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY l9, 2005 PAGE 7 OF 21 w PUBLIC HEARINGS -NEW CASES 402.3 Code Enforcement Department C= CASE #05-0008586 1600 Little Sparrow Court ~"'a Carlos M. And Linda S. Ablanedo Section 6-186. (No Building Permit -Fence) Date Of Service: Certified - Proof Of Delivery June 30, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 402.4 Code Enforcement Department CASE #OS-0008591 170 East Bahama Road David Florman Section 6-195. (Fence In Disrepair) Date Of Service: Certified -Proof Of Delivery June 29, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PCJBLIC HEARINGS -NEW CASES 402.5 Code Enforcement Department CASE #OS-0008595 160 State Road 434, Suite 158 Rita K. Luthra Section 16-87. (Banner Sign) Date Of Service: Certified -Proof Of Delivery June 30, 2005 Inspector -Cathy Davidson Tenant: USA Discount Liquor This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 8 OF 21 ~1 PUBLIC HEARINGS -NEW CASES ~^ 402.6 Code Enforcement Department CASE #05-0008815 Q~ 636 Sailfish Road Miguel And Shelly Cabada Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -Proof Of Delivery July 2, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.7 Code Enforcement Department CASE #OS-0008841 1118 Ermine Avenue Joan S. Repple Section 6-46. (No Building Permit -Shed) Date Of Service: Certified - Proof Of Delivery July 1, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.8 Code Enforcement Department CASE #05-0008844 902 Gazelle Trail Ruth A. Parham Section IPMC 304.1. (Exterior Structure -Roof Soffit) Date Of Service: Certified - Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY l9, 2005 PAGE 9 OF 2l _ PUBLIC HEARINGS -NEW CASES ~~ 402.9 Code Enforcement Department O CASE #OS-0008938 60 Sable Court Jerome C. And Beth C. Holland Section 13-2. (Untended Grass And Weeds) i ~' Date Of Service: Certified - '" Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.10 Code Enforcement Department CASE #OS-0008951 307 Montrose Street Adrien G. Love Trustee FBO Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.11 Code Enforcement Department CASE #05-0009088 1491 East State Road 434 Tuscawilla Cay LLC And Tuscawilla 54th LLC Section 13-2. (Trash And Debris Behind Dumpster) Date Of Service: Certified -July 6, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY l9, 2005 PAGE 10 OF 21 ~: ,~ ~~ . a PUBLIC HEARINGS -NEW CASES ~~ 402.12 Code Enforcement Department ~' '1 CASE #05-0009090 215-B Perth Court ~' '~ Bradley S. Jones ,~r-- Section 17-1. (Obstruction -Basketball Goal Blocking Storm Drain) ~ i Date Of Service: Certified -July 6, 2005 ~~ Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.13 Code Enforcement Department CASE #05-0009131 216 North Alderwood Street Fernando Rodriguez And Donna P. Aviles Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified -Proof Of Delivery June 29, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.14 Code Enforcement Department CASE #OS-0009191 45 South Edgemon Avenue Danny White Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Inspector -Cathy Davidson Captain Tolleson stated, "It was originally signed May 23, 2005 and issued a Notice of Violation. This property failed reinspection on June 2"d and on July 18, 2005. Certified Notice was posted on July 9`h [2005]. It is currently not in Compliance. We are asking for Finding of Fact and Relief [Order]." With discussion, Ms. Cathy Davidson, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 11 OF 21 Mr. Daniel White, 45 South Edgemon Avenue, Winter Springs, Florida: commented that the van tag expired on his Birthday, July 10, 2005. Mr. Daniel White also commented that the other vehicle belongs to the renter and the motorcycle doesn't work, "So, it shouldn't be out there anyway. It is up against the house. It should be in the back." Board Member Jim Wentz stated, "Is it your intent to move that to the back yard?" Mr. White stated, "Yes, that can be done today." Board Member Dick Crenshaw stated, "We have a couple of facilities up on [US Highway] 17-92 that will store vehicles that do not have valid tags on them." Board Member Wentz said, "What is going to be your timeframe for getting that tag?" Mr. White stated, "Two (2) days." FINDING OF FACT: ~~THE CITY OF WINTER SPRINGS VERSUS THE DANNY WHITE, CASE NUMBER OS-00[0]9191. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. [DANNY] WHITE AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE [BASED] ON THE FOLLOWING: 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 12-53. (a)(b) (UNLICENSED MOTOR VEHICLE) OF THE CITY CODE EXISTED. 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. 1. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 2. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. A w 0 3. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 12 OF 2l w THEREFORE, I MOVE THAT THIS BOARD FIND THAT -DANNY WHITE '' :7~ HAS VIOLATED SECTION 12-53. (a)(b) [(UNLICENSED MOTOR VEHICLE)] 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 PELLERIN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER PELLERIN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DANNY WHITE, CASE NUMBER 05-0009191 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 12- 53. (a)(b) (UNLICENSED MOTOR VEHICLE) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN THREE (3) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. [DANNY] WHITE, 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 - [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 ONE HUNDRED DOLLARS ($100.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 13 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." LET THE RECORD ALSO REFLECT THAT THE RESPONDENT WAS 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 KREBS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. Although this Motion was stated, it will need to be Ratified at a future Meeting. Alternate Board Member James B. Pitts suggested the following Amendment that, "We Amend the original Motion to extend the deadline to seven (7) days from tonight for coming into Compliance." Discussion. PUBLIC HEARINGS -NEW CASES 402.15 Code Enforcement Department CASE #05-0009265 216 Bennet Street Rene And Juanita Baez Section 13-2. (Trash And Debris) Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -Proof Of Delivery June 28, 2005 Inspector -Cathy Davidson Captain Tolleson stated, "Was cited on June 20, 2005 and issued a Notice of Violation Warning. Failed reinspection on June 30th and again on July 16, 2005. Certified Mail and Notice was sent and returned on July 1, 2005. The property is now in Compliance." With discussion, Ms. Davidson answered questions from the Members of the Code Enforcement Board. Mr. Mike McDonald, 203 Charles Street, Winter Springs, Florida: commented on being a member of the Neighborhood Watch and had called Code Enforcement regarding the garbage sitting in front of the house for three (3) weeks. A w 0 a Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 14 OF 21 ~~ Mr. Rene Baez, 1209 Cardinal Court, Altamonte Springs, Florida: stated, "I just want to ~~ es, it is accurate, it was like that. It was ~~ apologize for the inconvenience. And, y G7 disgusting. It was unbelievable even when I had seen it." Mr. Rene Baez also ~i commented that "There was an eviction. Yes, there were tenants there. Sexual offender ~ at that. I dealt with this for months trying to remove him from the property. I was never successful in doing so, because according to the Police Department and the County, if the laws of the State have forgiven him, I too had to forgive him and so did the neighbors." Mr. Baez continued by stating, "They did leave the property. And, me hiring, going with my Painter, so that he could go in and start to clean the place up, this was how he went about doing it, which he is not working for me any longer. He -took everything and just piled it up in the front with the intent of removing it himself. He did not do that. When I found out on the - 28th actually, when the letters arrived Certified Mail, on the 28t1i as the Record states, that is when I proceeded. I was there on the 30th in an attempt to go ahead and get everything cleaned up." Mr. Baez said, "I went ahead and got all this carpet. I rearranged all this carpet; which was folded, which is not according to Compliance to be picked up by the Trash Department that has the Contract for Winter Springs pickup. So, I did bring everything up to specification the way they told me it had to be. Which was not more than four feet (4') long, four feet (4') wide rolled up duct tape. I got everything organized. I took what I could. Everything that was loose I put it in garbage bags. I did everything as they instructed me in order for them to pick it up." Mr. Baez continued, "I do assume complete responsibility." FINDING OF FACT: ~~THE CITY OF WINTER SPRINGS VERSUS THE RENE AND JUANITA BAEZ, CASE NUMBER OS-0009265; AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND RENE - BAEZ AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: RENE AND JUANITA BAEZ WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 13-2. (TRASH AND DEBRIS) AND [SECTION] 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 15 OF 21 ~', 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 VIOLATION OF THE CODE DID EXIST ON THE PROPERTY "~ FOR SIX (6) DAYS BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT CURRENTLY IS IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT RENE AND JUANITA BAEZ HAS VIOLATED SECTIONS 13-2. (TRASH AND DEBRIS) [AND] 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. AND THAT THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENTS ARE HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS OF SECTIONS 13-2. (TRASH AND DEBRIS) [AND] 13- 2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE WILL BE CONSIDERED A REPEAT VIOLATION. IF A REPEAT VIOLATION IS FOUND TO EXIST THE FINE WILL BE IMPOSED IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST. AS 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. "I MAKE A MOTION TO AMEND IT TO TWO [HUNDRED] FIFTY (DOLLARS] PER DAY." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: NAY BOARD MEMBER PELLERIN: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 16 OF 21 VOTE: (ON THE MOTION, AS AMENDED) BOARD MEMBER PELLERIN: NAY BOARD MEMBER CRENSHAW: NAY BOARD MEMBER KREBS: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER KAUFMAN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 402.16 Code Enforcement Department CASE #OS-0009270 802 Leopard Trail Brad L. Neff Section 13-2. (Debris -Tree Limbs) Date Of Service: Certified - Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.17 Code Enforcement Department CASE #OS-0009446 615 Osage Court Gary W. And Debra Miller Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified -Proof Of Delivery June 29, 2005 Inspector -Cathy Davidson Captain Tolleson stated, "Was originally cited on September 2, 2003 and issued a Notice of Violation. Failed the reinspection on 3/18/05, 3/21/05, 4/23/05, 5/2/05, 6/19/05 and 7/10/05." Captain Tolleson added, "It is in Compliance. So, we are asking for a Finding of Fact and Relief [Order] in this Case." With discussion, Ms. Davidson answered questions from the Members of the Code Enforcement Board. w CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 17 OF 21 ~..~ FINDING OF FACT: ~' D "THE CITY OF WINTER SPRINGS VERSUS GARY W. AND DEBRA MILLER, CASE NUMBER OS-000-[9446]. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE GARY W. AND DEBRA MILLER WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTIONS 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE EXISTED. ENFORCEMENT OFFICER HAS PROVEN THEIR CASE BASED ON THE FOLLOWING: 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 VIOLATION OF THE CODE DID EXIST ON THE PROPERTY FOR ONE (1) DAY BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT GARY W. AND DEBRA MILLER HAVE VIOLATED SECTIONS 20-431. AND 20-432. (COMMERCIAL -VEHICLE) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD, AND THAT THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENT[S] IS HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS OF SECTIONS 20-431. AND 20-432. (COMMERCIAL - VEHICLE) OF THE CITY CODE WILL BE CONSIDERED A REPEAT VIOLATION. IF A REPEAT VIOLATION IS FOUND TO EXIST, A FINE WILL BE IMPOSED IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST." MOTION BY VICE CHAIRMAN ROERO. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE I8 OF 21 A VOTE: ~~ ~` BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE ~ VICE CHAIRMAN ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 403.1 Code Enforcement Department CASE #03-0002979 245 East Tradewinds Road Sidney B. And Julie S. Testerman Section 12-53. (20-433.) (Disabled Motor Vehicles) Date Of Service: Certified - Inspector -Cathy Davidson Captain Tolleson stated, "This case was originally heard before this Board on August 19, 2003. The Board found that Mr. Testerman was in Compliance that night, however, Section 3. of the Board's Order stated that, `Any future Violation would impose a Fine of fifty [dollars] ($50.00) a day per Violation'. Mr. Testerman was present at the Hearing and understood the Board's Order. Certified Notice was sent. The property was posted on July 9th [2003]. It is currently in Compliance today. We are asking for Finding of Fact and Relief [Order] in the amount of fifteen hundred dollars ($1,500.00) for thirty (30) days ofNon-Compliance at the `Fifty Dollars ($50.00) per day' as the Board's Order." Discussion. Mr. Sidney Testerman, 245 East Tradewinds Road, Winter Springs, Florida: commented that the Barn being utilized to store the disabled motor vehicles was damaged by a hurricane. Tape 2/Side A Discussion ensued regarding obtaining a permit for the improvements to the building. ~~I MAKE A MOTION THAT WE ELIMINATE THE FIFTEEN HUNDRED DOLLAR ($1,500.00) FINE IN THIS CASE DUE TO EXTENUATING CIRCUMSTANCES." MOTION BY BOARD MEMBER KREBS. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 19 OF 2l VOTE: BOARD MEMBER WENTZ: NAY BOARD MEMBER PELLERIN: AYE VICE CHAIRMAN ROERO: NAY BOARD MEMBER KAUFMAN: NAY BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS -NON-COMPLIANCE CASES 403.2 Code Enforcement Department CASE #04-0007140 213 Birch Terrace Colleen Hatfield Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Inspector -Jose Romero Captain Tolleson stated, "This Case was originally heard before this Board January 18, 2005. The Board found that Ms. [Colleen] Hatfield was not in Compliance that night. The Board Ordered and stated that any, `Further Violation would impose a Fine of Fifty Dollars ($50.00) a day, per Violation'. Certified Notice was sent and property was posted. The vehicle was seen on June 12, 2005 and June 28, 2005. Currently is in Compliance. We are asking to move forward with a hundred dollars ($100.00) for the two (2) days." "I MAKE A MOTION THAT WE GO AHEAD AND EXECUTE THE HUNDRED DOLLARS ($100.00) FOR TWO (2) DAYS." MOTION BY BOARD MEMBER PELLERIN. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. A w a 0 a ~a CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 20 OF 21 PUBLIC HEARINGS -NON-COMPLIANCE CASES 403.3 Code Enforcement Department CASE #04-0007008 1309 Deer Run Beatrice Wise Life Est (Robert Wise Jr. And Ivory Wise) Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Insnector -Jose Romero Captain Tolleson stated, "This Case was originally heard before the Board February 22, 2005. The Board, that night, released the City's cost of five hundred forty-two dollars and twenty-six cents ($542.26) for cleaning up this property in January 2005. But, the Board found that Mr. Robert Wise was in Compliance that night. However, in Section `3' of the Minutes for that evening, the Board Order stated, `Any future Violation would impose a Fine of a Hundred Dollars ($100.00) a day, per Violation'. Mr. Robert Wise was present at that Hearing and understood the Board's Order. He flew in from New Jersey that day. They are currently in Compliance." Captain Tolleson added, "Therefore, we are asking that the amount of eighteen hundred dollars ($1,800.00) for eighteen (18) days of Non-Compliance at a hundred dollars ($100.00) a day per the Board's Order go forward." "I MOVE THAT WE REDUCE THE EIGHTEEN HUNDRED DOLLARS ($1,800.00) TO NINE HUNDRED DOLLARS ($900.00) FOR THAT PERIOD OF TIME DUE TO THE FACT THAT HE IS UP IN [NEW] JERSEY AND IT TAKES TIME FOR THINGS TO GET BACK AND FORTH. BUT, THAT WOULD MAKE IT THE LAST EXCEPTION ON THAT PIECE OF PROPERTY." MOTION BY BOARD MEMBER PELLERIN. MOTION DIED FOR LACK OF A SECOND. "I MAKE A MOTION THAT WE GO AHEAD AND JUST LEAVE IT EXACTLY AS IT IS." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER KAUFMAN: AYE MOTION CARRIED. A w ~3~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2005 PAGE 21 OF 21 600. REPORTS Chairman Matisak requested a copy of the Massey Case distributed to each Board Member. "MOTION THAT THE BOARD IS PROVIDED A COPY OF THE MASSEY CASE." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER CRENSHAW." WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT Chairman Matisak adjourned the Meeting at approximately 9:16 p.m. RESPECTFULLYSUBMITTED BY.• DEBBIE FRANKLIN DEPUTY CITY CLERK w 0 NOTE: These Minutes were approved at the , 2005 Code Enforcement Board Regular Meeting.