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Home My WebLink About2005 03 15 Consent A. Approval of the February 22, 2005 Regular Rescheduled Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) CALL TO ORDER Chairman James B. Pitts called the Regular Meeting of the Code Enforcement Board to order on Tuesday, February 22, 2005 at 7:00 p.m., (Rescheduled from February 15, 2005) in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman James B. Pitts, present Vice Chairman Mathew Matisak, present Board Member Dick Crenshaw, present Board Member Paul Krebs, present Board Member Laurent Pellerin, present Board Member Greg Roero, present Board Member Jim Wentz, 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 [Agenda Item] 400.1 which is a continuation. And, we are also going to hear [Agenda Item] 402.8 which is Case Number 0475 1 1 893 `Benchwood Drive'." Deputy Ciry Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. PUBLIC INPUT None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY l5, 2005) PAGE 2 OF 1 I CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The January 18, 2005 Regular Meeting Minutes. Chairman Pitts stated, "Can I have a Motion for approval of the Minutes of our Regular Code Enforcement Board Meeting of January 18th [2005]?" "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 400.1 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 And Debris) Date of Service: Certified: Proof Of Delivery, February 8, 2005 Insaector -Jose Romero Captain Tolleson stated, "Was cited on October 13, 2004 and issued a Notice of Violation Warning. This property failed reinspection on October 22, 2004. This property is vacant. Certified Notice was sent and signed for on December 28, 2004. Currently, it is not in Compliance." Captain Tolleson noted that the Public Works Department has removed the tree and debris from this property at a cost to the City of Five Hundred Forty-Two Dollars and Twenty-Six Cents ($542.26). CITY OF WINTER SPRINGS, FLORIDA r~`~! MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) PAGE 3 OF 11 Mr. Robert Wise, Sr., 19 Twin Hill Drive Willingboro, New Jersey: commented on the '`"!, "Documents" being sent to his brother's home address. Mr. Wise, Sr. stated, "I took !!'_ some pictures today - of the `Before and After'." ~Z~ Mr. Wise, Sr. handed out pictures of the properly to the Code Enforcement Board. Vice Chairman Mathew Matisak stated, "Captain Tolleson have you been to this property?" Captain Tolleson said, "Not today." Vice Chairman Matisak requested for the Record that Inspector Jose Romero, Code Enforcement Inspector, Police Department, attest that the pictures are the subject property. Discussion. Vice Chairman Matisak noted the address for the Record. Board Member Jim Wentz stated, "I don't have a problem with waiving the `Tree Costs' since it was performed by the City and he has taken the time to drive down here -last minute." Board Member Paul Krebs stated, "I agree with that." Board Member Dick Crenshaw stated, "We know where to get him now. I think everything is fine." Vice Chairman Matisak stated, "I would agree. I think it shows a lot of character to come down and talk to us." Chairman Pitts stated, "I -agree with the Vice Chairman -taking the time to do the right thing." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS BEATRICE WISE LIFE ESTATE, ROBERT WISE JR. AND IVORY WISE, CASE NUMBER 04-0007008. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. ROBERT WISE, SR. AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 1. BEATRICE WISE LIFE ESTATE, ROBERT WISE, JR. AND IVORY WISE WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 13-2. [UNTENDED GRASS AND WEEDS AND DEBRIS] 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 A REPRESENTATIVE OF THE RESPONDENT WAS PRESENT AT THIS HEARING. 3. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY, BUT HAS SINCE BEEN CORRECTED. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) PAGE 4 OF 11 THEREFORE, I MOVE THAT THE BOARD FIND THAT BEATRICE WISE LIFE ESTATE, ROBERT WISE, JR. AND IVORY WISE HAS VIOLATED SECTION 13-2. [UNTENDED GRASS AND WEEDS AND DEBRIS] 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 IS HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS OF SECTION 13-2. [UNTENDED GRASS AND WEEDS AND DEBRIS] 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 ONE HUNDRED DOLLARS ($100.00) PER DAY PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST. AS THE REPRESENTATIVE OF 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 VICE CHAIRMAN MATISAK. SECONDED. DISCUSSION. VOTE: BOARD MEMBER PELLERIN: AYE CHAIRMAN PITTS: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN MATISAK: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HARINGS -REPEAT CASES 401. None. .- ,v. T .... 7 ~...__ `~ ti CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY I5, 2005) ~ PAGE 5 OF 11 I`.-.:~ PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 402.1 Code Enforcement Department CASE #04-0005034 "'~ 609 Alton Road John R. And Lori J. Kinser Section 12-53. (a)(b) (Disabled Motor Vehicle) Date Of Service: Certified - February 3, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.2 Code Enforcement Department CASE #04-0007180 1041 Chokecherry Drive Kevin M. And Josephine Wilkey Section 20-411. And 20-431. (Trailer -Oversized) Date Of Service: Certified - Proof Of Delivery, February 4, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.3 Code Enforcement Department CASE #04-0007223 151 Lori Anne Lane Joseph Deas Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery, February 2, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) PAGE 6 OF 11 PUBLIC HEARINGS -NEW CASES 402.4 Code Enforcement Department CASE #04-0007312 505 Evergreen Avenue Herminia Ramos And Dalila Ramos Section 12-53. (a)(b) (Disabled Motor Vehicle) Date Of Service: Certified - Proof Of Delivery, February 7, 2005 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.5 Code Enforcement Department CASE #04-0007372 1074 Chokecherry Drive Keda J. Willoughby Section 6-186. (No Building Permit For Fence) Date Of Service: Certified - N/A Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.6 Code Enforcement Department CASE #04-0007397 1009 Knollwood Court Donna Wilson Section 6-46. (No Building Permit For Construction) Date Of Service: Certified -Proof Of Delivery, January 29, 2005 Inspector -Jose Romero t~ d This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) PAGE 7 OF 11 PUBLIC HEARINGS -NEW CASES 402.7 Code Enforcement Department CASE #04-0007401 228 Almaden Court Gregory A. And Barbara L. Bailey Section 6-195. (Fence In Disrepair) Date Of Service: Certified - No Proof Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.8 Code Enforcement Department CASE #04-0007511 893 Benchwood Drive Michael G. Kelly Section 6-186. (No Building Permit For Fence) Date Of Service: Certified -Proof Of Delivery, February 7, 2005 Inspector -Jose Romero Captain Tolleson stated, "Was cited on December 8, 2004 and issued a Notice of Violation Warning. This property failed reinspection on December 22, 2004. Notice was sent. It is currently not in Compliance." Discussion. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS MICHAEL G. KELLY, CASE NUMBER 04[-]0007511. 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. MR. MICHAEL G. KELLY WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 6-186. NO BUILDING PERMIT FOR FENCE OF THE CITY CODE EXISTED. ;~ ~~ . .~ -.::... ~n..` `:~ ~, • -~ 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) PAGE 8 OF 11 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 MICHAEL G. KELLY HAS VIOLATED SECTION 6-186. [NO BUILDING PERMIT FOR FENCE] 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 BOARD MEMBER WENTZ. DISCUSSION. VOTE: VICE CHAIRMAN MATISAK: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS MICHAEL G. KELLY, CASE NUMBER 04-[000]7511 HAVING BEEN FOUND `GUILTY' OF VIOLATING SECTION 6-186. [NO BUILDING PERMIT FOR FENCE] OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. MICHAEL G. KELLY, IF YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY UNTIL THE COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. ~J t~ d CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) PAGE 9 OF 11 FURTHERMORE, MICHAEL G. KELLY, 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 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 BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER ROERO: AYE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 402.9 Code Enforcement Department CASE #04-0007715 1600 Little Sparrow Court Carlos M. And Linda S. Ablanedo Section 6-217. (No Pool Enclosure) Date Of Service: Certified -Proof Of Delivery, February 4, 2005 Inspector -Cathy Davidson y This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY I5, 2005) PAGE 10 OF 11 PUBLIC HEARINGS -NEW CASES 402.10 Code Enforcement Department CASE #OS-0007735 1613 Tiverton Street Julio And Yvette Gonzalez Section 13-2. (Stagnant Pool) Date Of Service: Certified -Proof Of Delivery, February 8, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 402.11 Code Enforcement Department CASE #OS-0007736 1613 Tiverton Street Julio And Yvette Gonzalez Section 6-217. (No Pool Enclosure) Date Of Service: Certified -Proof Of Delivery, February 4, 2005 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. 600. REPORTS Chairman Pitts stated, "I will not be at our next Meeting, but our -Vice Chair[man] will be." Chairman Pitts stated, "I would like to again officially thank him [Vice Chairman Matisak) for this `Book' it makes - it so much easier for all of us." FUTURE AGENDA ITEMS None. ADJOURNMENT ::~ With consensus of the Board, Chairman Pitts adjourned the Meeting at approximately 7:31 p.m. RESPECTFULLYSUBMITTED BY.• DEBBIE FRANKLIN DEPUTY CITY CLERK CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -FEBRUARY 22, 2005 (RESCHEDULED FROM FEBRUARY 15, 2005) PAGE 11 OF 11 =~~ 6~~°~ NOTE: These Minutes were approved at the 2005 Code Enforcement Board Regular Meeting.