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Home My WebLink About2006 01 17 Consent Item 400 Approval December Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 20, 2005 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, December 20, 2005, was called to Order at 7:00 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, present Board Member Jim Wentz, present Alternate Board Member Dick Crenshaw, arrived at 7:05 p.m. Alternate Board Member James B. Pitts, absent Chairman Matisak led the Pledge of Allegiance. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, "Yes, Sir. Tonight, we are going to hear Case Numbers 402.2 - 402.5 - 402.6 - 402.8 - 402.9 - and 403.1." Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. PUBLIC INPUT No one spoke. Alternate Board Member Dick Crenshaw arrived at 7:05 p.m. ,...., ~ ::-- -- :. ~ c:L-. ,.... . -d ~ . ; =- CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 2 OF 18 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The November 15, 2005 Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE NOVEMBER 15TH [2005] MINUTES." MOTION BY BOARD MEMBER KREBS. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 400.1 Code Enforcement Bureau None. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 401.1 Code Enforcement Bureau None. ,-, r-, :-- . .. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 3 OF 18 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 402.1 Code Enforcement Bureau CASE #04-0005877 127 Lori Anne Lane Susan N. Rumpf Chapter 3 - Minimum Housing Standards - Broken Window Date Of Service: Certified - Proof Of Delivery November 30,2005 Inspector - Cathy Davidson . .. This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.2 Code Enforcement Bureau CASE #05-0008686 811 Leopard Trail Dawn Bishop Section 20-434. (Oversized Trailer) Date Of Service: Certified - December 1,2005 Inspector - Jose Romero Captain Tolleson stated, "Was cited on April 11th [2005], April 29th [2005], November 1 ih [2005], and August of2005 and issued a Notice of Violation. The property failed the Reinspection on May 4, 2005 and again on November 22, 2005. Certified Notice was sent and property was posted on December 10, 2005. Certified Mail was signed for on December 5, 2005. Instructed to contact the Inspector for a Compliance Inspection. The Respondent has made contact for the Reinspection and all 'Commercial vehicles' were removed. The vehicles are currently in Compliance and we are asking for a Finding of Fact in this Case." With discussion, Mr. Jose Romero, Code Enforcement Inspector, Police Department, answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS DAWN BISHOP, CASE NUMBER 05-0008686. 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: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 4 OF 18 DAWN BISHOP WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, THAT A VIOLATION OF SECTION 20-434. (OVERSIZED 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. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY FOR SEVERAL DAYS, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT DAWN BISHOP HAS VIOLATED SECTION 20-434. [OVERSIZED TRAILER] 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 IS HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS - OF SECTION 20-434. [OVERSIZED TRAILER] 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." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN : AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WEISMAN: AYE BOARDMEMBERKAUFMAN: AYE MOTION CARRIED. =:a ~ ;:::a. ~ =:: ca.... ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 5 OF 18 PUBLIC HEARINGS - NEW CASES 402.3 Code Enforcement Bureau CASE #05-0010493 443 Alderwood Court Josue Salgado And Renee Menard Section 13-2. (Debris On Sidewalk) Date Of Service: Certified - Proof Of Delivery December 5, 2005 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.4 Code Enforcement Bureau CASE #05-0010536 509 Evergreen Avenue Suanne G. Bouw 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. PUBLIC HEARINGS - NEW CASES 402.5 Code Enforcement Bureau CASE #05-0010591 736 Sherwood Drive Linda M. Covington Section 12-53. (a)(b) (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery December 3, 2005 Inspector - Jose Romero Captain Tolleson stated, "Was originally cited on October 16, 2005 and issued a Notice of Violation Warning. This property failed a Reinspection on the 29th of October of [20] 05. Certified Notice was posted and signed for on December 3, 2005 and gave [Ms.] Lindy M. Covington an additional three (3) days to correct and instructed to contact an Inspector for a Compliance Inspection by November 6, 2005. The Respondent has not contacted us to date for Reinspection or assistance. The Registration however, has been corrected as of this Meeting, but they are currently not in Compliance and we are asking for a Finding of Fact and Relief [Order]." 1--1 :;;:.; C==> m &::a...I ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 6 OF 18 Captain Tolleson stated, "It is in Compliance with the Registration." Chairman Matisak stated, "In this Case, we are looking at Section 12-53. (a), not (b)?" Captain Tolleson stated, "That is correct." Chairman Matisak asked, "It is both front tires that are missing?" Captain Tolleson answered, "That is correct." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS LINDY M. COVINGTON, CASE NUMBER 05-0010591. 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: LINDY M. COVINGTON 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) [(DISABLED - MOTOR VEHICLE)] 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. 4. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT LINDY M. COVINGTON HAS VIOLATED SECTION 12-53. (a) [(DISABLED - 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 KAUFMAN. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. ~ r-, :;:::a.. K __ ~ ~ ~ ; .: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 7 OF 18 VOTE: BOARD MEMBER PELLERIN : AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER KREBS: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: Y AE CHAIRMAN MA TISAK: AYE MOTION CARRIED. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS LINDY M. COVINGTON, CASE NUMBER 05-0010591 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 12-53. (a) [(DISABLED - MOTOR VEHICLE)] OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PERIOD 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, 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. 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 KREBS. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. CAPTAIN TOLLESON STATED, "JUST FOR CLARIFICATION, THE ACTUAL OWNER'S NAME IS 'LINDY' NOT 'LINDA'. THAT WAS A MISPRINT ON THE AGENDA." ,....., r-, ::-- K ..... ~ r--" . r--" . d :r-. ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 8 OF 18 "MOTION TO AMEND THE RESPONDENT'S NAME TO LINDY M. COVINGTON." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER KAUFMAN. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED." MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) CHAIRMAN MA TISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PELLERIN: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 402.6 Code Enforcement Bureau CASE #05-0010609 180 3rd Street North Marcus E. Combs Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - "Unclaimed" Inspector - Cathy Davidson Captain Tolleson stated, "Was cited on October 18, 2005 and issued a Notice of Violation. The property failed the Reinspection on November 5th [2005], November 24th [2005], and again on December 10, [20] 05. Certified Notice was sent, property was posted on December 10, [20]05. They were instructed to contact the Inspector for a Compliance Inspection. The Respondent has not contacted us to date for Reinspection or assistance in this matter. The vehicle currently is in Compliance and we are asking for a 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. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS MARCUS E. COMBS, CASE NUMBER 05-0010609. 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: ,......... r-, ::-- - .. ~ ,... I ~ ; =- CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE90F 18 THAT MARCUS E. COMBS WAS 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. 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 EXISTED ON THE PROPERTY FOR SEVERAL DAYS, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MARCUS E. COMBS HAS 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 THA T THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTL Y IN COMPLIANCE. FURTHERMORE, THE RESPONDENT 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 ONE HUNDRED DOLLARS ($100.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WEISMAN : AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER KREBS: AYE BOARDMEMBERKAUFMAN: AYE VICE CHAIRMAN ROERO: AYE MOTION CARRIED. ,..--, r--, ;:::a.- IlE" ~ === ~ !;a ~ . ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 10 OF 18 PUBLIC HEARINGS - NEW CASES 402.7 Code Enforcement Bureau CASE #05-0010628 409 Boxwood Circle Renald Bonnaire Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - "Unclaimed" Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 402.8 Code Enforcement Bureau CASE #05-0010698 508 Shane Circle Daniel And Kay N. Johnson Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery November 30, 2005 Inspector - Cathy Davidson Captain Tolleson stated, "Was cited on August 28th [2005], October 31, 2005 and issued a Notice of Violation. The property failed Reinspection on November 15 [20]05. Certified Notice was sent, signed for on November 30, 2005. Property was posted on December 10, 2005 and they were instructed to contact the Inspector for a Compliance Inspection. The Respondent has not contacted us to take a Reinspection or for assistance. However, the vehicle currently is in Compliance and we are asking for a Finding of Fact. The owner has now cleaned out the garage and is able to store his vehicle inside." With discussion, Inspector Davidson answered questions from the Members of the Code Enforcement Board. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS DANIEL AND KAY N. JOHNSON, CASE NUMBER 05-0010698. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICERS AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICERS HAVE PROVEN THEIR CASE BASED ON THE FOLLOWING: ~ r:~, ~ ~ rr; ,..,. I ,.... I ~ ~ . ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE II OF 18 THAT MR. AND MRS. DANIEL AND KAY N. JOHNSON WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICERS 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. 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 SEVERAL DAYS, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THE BOARD FIND THAT MR. AND MRS. DANIEL AND KAY N. JOHNSON HAVE VIOLATED SECTIONS 20-431. AND 20-432. (COMMERCIAL - VEHICLE) OF THE CITY CODE AND A JUDGMENT OF 'GUlL TY' 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 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 ONE HUNDRED DOLLARS ($100.00) 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 KREBS. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARD MEMBER WENTZ: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PELLERIN: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. f-~ ~ c::::> ~ ~ ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 12 OF 18 PUBLIC HEARINGS - NEW CASES 402.9 Code Enforcement Bureau CASE #05-0010865 650-A MacDuff Lane Timothy F. And Gabriele Powers Tenant: Chad Brillis Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery December 3, 2005 Inspector - Jose Romero Captain Tolleson stated, "Was cited on November 14th [2005], November 26th [2005] and issued a Notice of Violation. The property failed a Reinspection on November 28, 2005. Certified Notice was sent and signed for on December 3, 2005. The property was posted on December 10, 2005 and instructed to contact the Inspector for a Compliance Inspection. The Respondent has not contacted us for Resinspection or assistance. The vehicle is currently in Compliance and we are asking for a Finding of Fact on this Case. With discussion, Inspector Davidson and Inspector Roero answered questions from the Members of the Code Enforcement Board. Ms. Gabriele Powers, 209 Timbercove Circle, Longwood, Florida: as the property owner, Ms. Powers commented that she had contacted Inspector Davidson upon receiving the Violation Notice. Ms. Powers also noted that the Tenant made different arrangements to park his commercial vehicle. Mr. Chad Brillis, 750-A MacDuff Lane, Winter Springs, Florida: as the Tenant, Mr. Brillis commented that he rarely drives the vehicle. Mr. Brillis stated, "I have gotten a couple of the Notices and since then, I have made arrangements to park the vehicle at a different property on days that I do have to bring it home. That fourth (4) Violation, I was stuck in the Emergency Room." Mr. Brillis added, "I have made arrangements to park it around the comer, so it will not happen again." Chairman Matisak stated, " 'Parked around the comer'? Is it going to be covered; going to be put behind a fence?" Mr. Brillis stated, "It is in an apartment complex. I trade vehicles every morning. I have two (2) vehicles. That one (1) - when I do drive it, I keep it at a different property, it is not even in Winter Springs." Chairman Matisak stated, "Okay." ~ r-, ::--= ... -. ~ ,...: ~ ;---: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 13 OF 18 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS TIMOTHY F. AND GABRIELE POWERS, CASE NUMBER 05-0010865. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER[S] AND THE RESPONDENT AND THE TENANT, CHAD BRILLIS, AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICERS HAVE PROVEN HIS AND HER CASE BASED ON THE FOLLOWING: THAT RESPONDENTS WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICERS 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. 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 - SEVERAL DAYS, BUT HAS SINCE BEEN CORRECTED. 3. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THIS BOARD FIND THAT THE RESPONDENTS 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 RESPONDENTS ARE 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 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 VICE CHAIRMAN ROERO. DISCUSSION. ,....., r--, :;::a. .: lIII n.;; ,..... I ,.... . ~ ~ . ; .. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 14 OF 18 VOTE: BOARD MEMBER KREBS: AYE CHAIRMANMATISAK: AYE BOARD MEMBER KAUFMAN: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. Mr. Brillis stated, "You - mentioned - you can cover the van or something along those lines. Is that also an option?" Captain Tolleson stated, "You can use magnetic signs." Captain Tolleson stated, "If you run into, like you said, your son broke his arm - had you called, that would not have been an issue." Board Member Jim Wentz stated, "In the future you might want to either call on your own willingness or definitely respond to the Code Enforcement Officers when they contact you." Board Member Wentz added, "In the future, if you have to park the vehicle overnight for any type of emergency, it would be in your best interest to either contact - Code Enforcement - directly, and/or, make sure that you definitely respond to any citation - issue." Tape l/Side B PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 403.1 Code Enforcement Bureau CASE #03-0002817 317 Montrose Street Thomas E. Harmon Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery December 8, 2005 Inspector - Jose Romero Captain Tolleson stated, "This Case was originally heard before this Board on September 20, 2005. The Board fOood that [Mr.] Thomas E. Harmon was not in Compliance that night and the Boards Order - stated that, 'Any future Violation would impose a Fine of one hundred dollars ($100.00) a day until Compliance is achieved'. Certified Notice was sent and signed for on September 24,2005. The property currently is in Compliance. r--I f'"-, ;;:--:: __ "':W nr: ~ ~ ;-: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 15 OF 18 We are asking for Finding of Fact and Relief [Order] in the amount of one thousand dollars ($1,000.00) for ten (10) days for Non-Compliance at one hundred dollars ($100.00) a day, per the Board's Order starting when it was first Notified on November 7, 2005 by Inspector Romero, who ran the tag." Discussion ensued regarding the "Repeat" Violation. Captain Tolleson stated, "They did come into it correctly, but they came out of Compliance again which is a 'Repeat', which is one hundred dollars ($100.00) a day." Mr. Thomas E. Harmon, 317 Montrose Street, Winter Springs, Florida: Mr. Harmon stated, "Actually, Sir, I was not here. That incident, Melissa Elliott was actually - who came down to Court for me. I was in New Orleans. She had explained to everyone that I was New Orleans because I went down for the evacuation. At that point, she was the one who actually moved the car. She moved the car because I could not get back to get that taken care of." Mr. Harmon added, "At that point, FEMA (Florida Emergency Management Association) released us from there and sent us to South Florida. I got back here on November 15th [2005] and that is when I had the car taken care of on the 1 ih [November 2005], the van taken care of on the 17th [November 2005]. The car she actually took care of." Furthermore, Mr. Harmon stated, "As they are saying that - went into Compliance in seven (7) days; there is no way that could have happened, because on the tag, I had to have it registered. It was just something I forgot to do." Mr. Harmon stated, "I was actually not even here in town at that time." Chairman Matisak stated, "So, your testimony is that you never did come into Compliance until the 15th of November?" Mr. Harmon stated, "With the car yes, the car was taken care of. The tag on the vehicle was on the 1 ih of November because I returned here on the 15th [November]." Chairman Matisak stated, "Captain Tolleson, which vehicle are we referring to in this non-Compliance Case?" Captain Tolleson stated, "[19] 96 Ford Van." Mr. Harmon said, "Yes." Chairman Matisak stated, "Was this van either Registered or moved off the property or anything up to November 17 [2005]?" Mr. Harmon stated, "No, Sir." Chairman Matisak stated, "So, is it your testimony that this van remained non-Compliant up through and until November 17 [2005]?" Mr. Harmon stated, "Yes. Because I was unable to do it." Discussion. ~ r~~ ~ ~ h; ~ ~ :--; CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 16 OF 18 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS THOMAS E. HARMON, CASE NUMBER 03-0002817. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND THE RESPONDENT AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: THAT RESPONDENT HAS BEEN PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUILTY OF VIOLATING SECTION 12-53. (A) AND (B) (UNLICENSED MOTOR VEHICLE) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATION. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. 2. BUT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTS WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE [THAT] THE FINE OF ONE THOUSAND DOLLARS ($1,000.00) ST AND[S] AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: CHAIRMANMATISAK: NAY VICE CHAIRMAN ROERO: AYE BOARD MEMBER PELLERIN : NAY BOARD MEMBER KREBS: NAY BOARD MEMBER WEISMAN: NAY BOARDMEMBERKAUFMAN: AYE BOARD MEMBER WENTZ: AYE MOTION DID NOT CARRY ~ r-'"1 ~ c:.':::) ~ ~, ~... ~ : ... 7 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 17 OF 18 FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS THOMAS E. HARMON, CASE NUMBER 03-0002817. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND THOMAS E. HARMON AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS OR HER CASE BASED ON THE FOLLOWING: THAT RESPONDENT HAS BEEN PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND GUlL TY OF VIOLATING SECTIONS 12-53. (A) AND (B) (UNLICENSED MOTOR VEHICLE) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATION. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. 2. BUT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTS WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARD'S ORDER. THEREFORE, I MOVE - TO CHANGE THE FINE TO FIVE HUNDRED DOLLARS ($500.00) - AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY BOARD MEMBER KREBS. SECONDED BY BOARD MEMBER PELLERIN. DISCUSSION. VOTE: VICE CHAIRMAN ROERO: AYE BOARDMEMBERKAUFMAN: AYE BOARD MEMBER PELLERIN : AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER WENTZ: NAY BOARD MEMBER KREBS: AYE CHAIRMAN MATISAK: NAY MOTION CARRIED. ,....., ~ K __ ~ ~ ; . ,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 20, 2005 PAGE 18 OF 18 600. REPORTS Chairman Matisak explained the Code Enforcement "Scripts". Chairman Matisak then stated, "Can I - get a Motion to approve the '2006-01 Scripts' for use?" "I WILL MOTION TO APPROVE THAT." MOTION BY BOARD MEMBER KAUFMAN. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT With Consensus of the Board, Chairman Matisak adjourned the Meeting at approximately 8:18 p.m. RESPECTFULLY SUBMITTED BY: DEBBIE FRANKLIN DEPUTY CITY CLERK NOTE: These Minutes were approved at the , 2006 Code Enforcement Board Regular Meeting. ~. 1'=""', :--= fIlL ...... ~ ,... I ,..... I ~ ~ ; . ~