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HomeMy WebLinkAbout2009 12 15 Consent 200 Approval of November 17, 2009 Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 CALL TO ORDER 13.4 The Code Enforcement Board Regular Meetin g Tuesday, Tuesda November 17, 2009 was called to Order at 7:00 p.m. by Chairman Laura -Leigh Wood, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura -Leigh Wood, present Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Carole Giltz, present Board Member Hugh Fisher, present Board Member Gregory Roero, absent Board Member Leah Weisman, present Alternate Board Member #1, Arsenio Calle, present Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Chairman Wood noted, "Alternate Board Member Arsenio Calle, you will be in Voting capacity tonight." [Board Member Gregory Roero had been Excused via an email from Chairman Wood.] Next, Chairman Wood led the Invocation and Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes Assistant to the City Clerk Gayle Coutant reported, "We'll be hearing Public Hearing Agenda Items `502.1', `502. 2', `502.3', `502.4', `502.5', `502.8', `502.9', and `503.1'." Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of tonight's Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 2 OF 22 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The October 20, 2009 Regular Meeting Minutes. C Chairman Wood asked, "Do I have a Motion for the Approval of last month's Meeting, October 20, 2009 "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401. Office Of The City Clerk No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 3 OF 22 REPORTS 402. Code Enforcement Chair Chairman Wood commented that recently resigned Board Member Dale Kirby will be missed. Q41 REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA CONTINUED CASES PUBLIC HEARINGS CONTINUED CASES 500.1 Not Used. PUBLIC HEARINGS AGENDA REPEAT CASES PUBLIC HEARINGS REPEAT CASES 501.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 4 OF 22 PUBLIC HEARINGS AGENDA NEW CASES PUBLIC HEARINGS NEW CASES 502.1 Code Enforcement Bureau Police Department CASE #1220900005177 Barbara A. Harris or Lori Ann Tillotson 354 Mohawk Trail Winter Springs, Florida 32708 -5107 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department provided a PowerPoint presentation on behalf of the City and stated, "On August 18 2009 at 12:35 pm, at the intersections of the east bound lane 2, of State Road 434 and Winding Hollow Boulevard, a white Toyota, Florida Registration, Uniform 504, Whiskey, Victor (U50 4WV) passed through the intersection on steady red light captured by video recording traffic control equipment and was in Violation of Section 12 -83." Continuing, Captain Tolleson indicated that Probable Cause did exist to issue an Infraction which was issued on August 25, 2009 to the registered Owners. Captain Tolleson stated, "I would like introduce the CD for tonight, which would be Winter Springs 1 (WS 1)," continuing, "This would be City's Evidence `WSRL 2' which is the `A' frame." Captain Tolleson then presented the "B" frame, showing the photograph of the vehicle in the intersection as "WSRL 3 Next presented was Violation Evidence Report "WSRL 4 depicting a photograph of the license plate following with the video. Captain Tolleson referred to the slides on the screen and pointed out, "`WSRL' 5 is our deployment start test, which was conducted that day of the infraction this is Violation Data Report, has the Violation date and time. This is `WSRL 6', shows the intersection, the tag number, make and registered Owners. And this is `WSRL 7' shows that the Hearings were set and reviewed and that the Hearing was for this evening and that is our Testimony." Ms. Lori Tillotson, 263 Wells Court, Sanford, Florida: As the Respondent, Ms. Tillotson indicated she did not have any Evidence and provided her Testimony. Chairman Wood, stated, "So the conditions you are saying were wet and so you choose to go through the light Ms. Tillotson replied, "Yes, as I tried to stop my car, it started to slide." Chairperson Wood requested that Assistant City Attorney Kate Latorre briefly explain the Code Enforcement Board's responsibilities related to Red Light Infraction Cases. Attorney Latorre summarized the information supplied to the Code Enforcement Board at their last Meeting held on October 20, 2009. Chairperson Wood asked Ms. Tillotson, "You were not given another Citation, were you Ms. Tillotson replied, "No." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 5 OF 22 Discussion. "I WILL MAKE A MOTION THAT WE FIND THE RESPONDENT LORI TILLOTSON GUILTY OF ORDINANCE NUMBER 20081 -27], SECTION 12 -83., 0 ADHERENCE TO STOPPING AT RED LIGHT TRAFFIC CONTROL SIGNAL." Mod MOTION BY CHAIRMAN WOOD. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. 4 VOTE: BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: NAY CHAIRMAN WOOD: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.2 Code Enforcement Bureau Police Department CASE #1220900006035 Botao Yu 12104 Napiers Circle Orlando, Florida 32826 -2201 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided a PowerPoint presentation reporting to the Board that on September 6, 2009 at 11:55 a.m. a blue Volvo passed through intersection of State Road 434 and Winding Hollow Boulevard on a steady red light. On September 11, 2009, the Violation recorded images were reviewed by Captain Christopher Deisler and found that Probable Cause did exist to issue the Notice of Infraction. Captain Tolleson continued, "The Infraction was issued on September the 14 2009 to the registered Owner, Mr. Yu, who is here this evening." Captain Tolleson reported, "On October 22 2009, I conducted the administrative review of all the Evidence and recorded images and set it for a Hearing tonight on November the 17 2009." Chairman Wood noted that Board Member Hugh Fisher was ill and would be excused after this case. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 6 OF 22 Captain Tolleson entered the CD, "WS 1" as Evidence and then provided information regarding the photographs of the "A" frame as "WSRL 2 Captain Tolleson then stated, "This is `WSRL 3', which is the `B' frame, which shows the vehicle in the intersection C!� on the steady red." Next, a photograph of the license plate, "WSRL 4" was shown. 11:= Continuing after the video, Captain Tolleson displayed the Camera Log and indicated, tame "Shows the signs were posted, deployment date of 12:00 a.m., infraction date of 11:55 [a.m.] and deployment end test at 11:59 p.m., `WSRL 5'. This is `WSRL 6', which is a `Violation Evidence' Record, which contains the day of the Infraction, the location of the M Infraction and the registered Owners information." Captain Tolleson then supplied a document entitled "Violation Evidence Report" and identified it as "WSRL 7 Discussion. Mr. Botao Yu, 12104 Napiers Circle Orlando, Florida: stated "There's no traffic before me, before my car, so I didn't notice the traffic light." "I WILL MAKE A MOTION THAT WE FIND THE RESPONDENT GUILTY OF ORDINANCE NUMBER 2008 -27, SECTION 12.83. ADHERENCE TO STOPPAGE AT A RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. Board Member Hugh Fisher departed the Meeting at 7:26 p.m. Chairman Wood declared, "Alternate Board Member Henderson, you will now be in Voting capacity." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 7 OF 22 PUBLIC HEARINGS NEW CASES 502.3 Code Enforcement Bureau Police Department CASE #1220900006597 Andre El Kareh Machado 1107 Kerwood Circle 4=0 Oviedo, Florida 32765 -6193 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Saimaa Captain Tolleson proceeded with a PowerPoint presentation on this Case and provided his Testimony to the Board and stated, "On September the 24 2009, the Violation recorded images were reviewed by Captain Christopher Deisler, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction." Continuing, Captain Tolleson stated, "On October 13 2009, American Traffic Solutions received Mr. Machado's request to contest the Citation and Hearing to Code Enforcement Board as prescribed in Section 12 -89. of the City Code." An administrative review was conducted and Captain Tolleson had the Hearing set for November 17, 2009. Captain Tolleson entered "WS 1" into Evidence. The presentation continued with "WSRL 2 the "A" frame shot, showing the vehicle at the intersection on steady red. In addition, Captain Tolleson specified, "This is `WSRL 3', which is the `B' frame, which show the vehicle, black Nissan, in the intersection on steady red, additional photo. This is `WSRL 4' which is a copy of the license plate to the registered Owner." After viewing the video, the intersection with photograph enforced signage was displayed. Captain Tolleson described the next slide, "This is `WSRL 5', which is Camera Log, which shows our deployment date for September 17 at 12 a.m., Violation of September 17 at 9:13 [a.m.] and the deployment end at 11:59 [p.m.] on [September] the 17 and that the signs were posted." Violation Evidence Reports "WSRL 6" and "WSRL 7" were entered into Evidence. Captain Tolleson commented, "The Respondent is not here this evening." Discussion. "I MAKE A MOTION THAT WE FIND THE RESPONDENT, ANDRE MACHADO GUILTY OF ORDINANCE 2008[ -27], SECTION 12 -83. ADHERENCE TO STOPPING AT RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 8 OF 22 VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE ALTERNATE BOARD MEMBER CALLE: AYE Mod BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.4 Code Enforcement Bureau Police Department CASE #1220900006813* *(Correct Case #1220900005813) Zebulon Grant Chouinard 1922 Crystal Downs Court Oviedo, Florida 32765 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson noted that the original Case should actually be referred to as Case #1220900005813 and began his Testimony by presenting a PowerPoint presentation. Captain Tolleson acknowledged that Probable Cause did exist after his review of the Violations recorded images on September 8, 2009 and issued a Notice of Infraction. Continuing, Captain Tolleson remarked, "On September 25, 2009, American Traffic Solutions received Mr. Chouinard's request to contest the Citation and a Hearing for the Code Enforcement Board as prescribed in Section 12 -89. of the City Code." The CD was introduced as evidence labeled WS 1. Further slides were shown, including a copy of the Affidavit and request for Hearing. Next, Captain Tolleson explained, "This is `WSRL 2', which is the `A' frame photo which shows the vehicle prior to the intersection and the steady red light. This is additional photo of the `A' frame. This is `WSRL 3', which shows the vehicle in the intersection and a steady red light." A photograph of the license plate labeled as Evidence "WSRL 4" was then shown. After that, the video recording was viewed. Again, Captain Tolleson showed the sign indicating the red light is photographed enforced and displayed the Camera Log as "WSRL 5 The final slides were explained by Captain Tolleson, "This is `WSRL 6' which contains the Violation Evidence Report, shows their issuance date, their appearance date, as well as the Infraction date, the intersection of east bound State Road 434 and Winding Hollow and the registered Owners information. `WSRL 7' which shows that Administrative Hearing was conducted and the review was conducted and we are here this evening November 17 for a Hearing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 9 OF 22 Mr. Zebulon Grant Chouinard, 1922 Crystal Downs Court, Oviedo, Florida: stated, "Rather than causing an accident having someone hit me from behind, I had to make ��i that call." Moe Chairman Wood asked that the video related to this Case be shown again. Discussion. "I MAKE A MOTION THAT WE FIND THE RESPONDENT, ZEBULON CHOUINARD, GUILTY OF ORDINANCE NUMBER 20081 -27], SECTION 12 -83. ADHERENCE TO STOPPING AT RED TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.5 Code Enforcement Bureau Police Department CASE #09- 0020873 John G. And Cathy C. Owen 1211 Trotwood Boulevard Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified October 27, 2009 Inspector Jim Flannigan Inspector Jim Flannigan, Code Enforcement Bureau, Police Department, provided a PowerPoint presentation on behalf of the City of Winter Springs and said, "I received a Complaint that this Property was Vacant and had Code Violations including a stagnant pool. On June 29 2009, I observed the property to be Vacant and the pool to be stagnant. The Property was Posted with a City Violation Notice." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 10 OF 22 Continuing Inspector Flannigan confirmed, "This property failed Re- Inspection on July 15 2009, August 20 2009, October 10 2009, November 8 2009 and today November 17 2009." Inspector Flannigan then noted, the Registered Mail was returned M as unclaimed. Next, Inspector Flannigan stated, "The Property was Posted on November 8 2009 by myself with Notice of the Code Board Meeting this evening. This Property is still in Non Compliance. We are asking for Finding of Fact and Relief." Q„ Photographs of the stagnant pool were displayed next. Discussion. Tape 1 /Side B Chairman Wood disclosed, "This was actually owned by a Realtor that moved to North Carolina and I know that it is almost Bank owned at this point." Inspector Flannigan added, "I do have the PowerPoint and it is on `WS 1', the CD that you already received." Also entered into Evidence was "WS 2 the Affidavit of Posting. Further discussion. "I MAKE A MOTION WE DO A FINDING OF FACT, NUMBER 5 I WOULD LIKE TO ASK THE CLERK TO READ IT, PLEASE." MOTION BY BOARD MEMBER CRENSHAW. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS JOHN G. AND CATHY C. OWEN, CASE NUMBER 09- 0020873. 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: THAT THE RESPONDENT 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. STAGNANT POOL 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 1I OF 22 3. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 4. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S Clia PROPERTY. Q. THEREFORE, I MOVE THAT THIS BOARD FIND THAT JOHN G. AND CATHY C. OWEN, (CASE NUMBER 09- 0020873) HAVE VIOLATED SECTION 13 -2. STAGNANT POOL 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." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER HENDERSON: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. CHAIRMAN WOOD INQUIRED, "FOR THE RELIEF ORDER, IS THERE ANY DISCUSSION ON THAT BOARD MEMBER CRENSHAW REPLIED, "RELIEF ORDER `A'." DISCUSSION ENSUED REGARDING THE FINES FOR STAGNANT POOLS. CHAIRMAN WOOD STATED, "THAT WOULD MEAN, TWO HUNDRED AND FIFTY [DOLLARS] ($250.00) AFTER FIVE (5) DAYS IF IT IS A RE- OCCURRENCE, THEN IT IS FIVE HUNDRED [DOLLARS] ($500.00)." BOARD MEMBER CRENSHAW CONCURRED. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS JOHN G. AND CATHY C. OWEN, CASE NUMBER 09- 0020873 HAVING BEEN FOUND GUILTY' FOR VIOLATING SECTION 13 -2. STAGNANT POOL OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 12 OF 22 IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE ..4 TIME PROVIDED, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN [VERIFIED] BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. Q.s FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT M VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, FOR A REPEAT VIOLATION, WILL BE FIVE HUNDRED DOLLARS ($500.00) 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 TIMEFRAME SET FORTH BY THIS BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE ALTERNATE BOARD MEMBER CALLE: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.6 Code Enforcement Bureau Police Department CASE #09- 0021037 Katherine Sullivan And Jean Tortosa 227 Sherry Avenue Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified October 27, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 13 OF 22 PUBLIC HEARINGS NEW CASES 502.7 Code Enforcement Bureau Police Department CASE #09- 0021038 Katherine Sullivan And Jean Tortosa 227 Sherry Avenue Winter Springs, Florida 32708 CI= Section 6 -195. (Fence in Disrepair) Q•e Date Of Service: Certified October 27, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS NEW CASES 502.8 Code Enforcement Bureau Police Department CASE #09- 0021150 John G. And Cathy C. Owen 1211 Trotwood Boulevard Winter Springs, Florida 32708 Section 6 -195. (Fence in Disrepair) Date Of Service: Certified October 27, 2009 Inspector Jim Flannigan Inspector Flannigan announced, "I will be presenting the Case for the City, Jim Flannigan. I also have a PowerPoint that is presented under `WS 1' which is on the CD you already received." Inspector Flannigan provided his Testimony explained, "On August 5, 2009, by following up on an unrelated Code Violation, I observed that the wooden fence in the back yard had sections in disrepair; several sections had fallen over. The conditions of the fence were found to be not in accordance with conditions required with a Permit or for a Permit with the City. The Property was Posted with City Violation Notice and giving thirty (30) days to correct Violation. This Property was and still is Vacant." Next, Inspector Flannigan listed the dates in which the Property failed inspection and indicated the Notice of Violation was mailed to the Property owners with the Registered Mail returned unclaimed. Continuing, Inspector Flannigan pointed out, "The Property was Posted on November 8 2009, by myself with Notice of a Code Board Meeting this evening, which I Notarized documentation of that under `WS 2'. The Property is still in Non Compliance. We are asking for Finding of Fact and Relief." Photographs of the fence in disrepair were exhibited. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 14 OF 22 Vice Chairman Pitts inquired, "Does the fence situation in any way affect the security of the pool Inspector Flannigan responded, "No it does not." "I MAKE A MOTION THAT WE GO AHEAD AND READ FINDING OF FACT C=I ON PAGE 5." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY CHAIRMAN WOOD. DISCUSSION. Q'e "THE CITY OF WINTER SPRINGS VERSUS JOHN G. AND CATHY C. OWEN, CASE NUMBER 09- 0021150. 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: FINDING OF FACT: THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2 -59. OF THE CITY CODE THAT A VIOLATION OF SECTION 6 -195. FENCE IN DISREPAIR 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 JOHN G. AND CATHY C. OWEN, (CASE NUMBER 09- 0021150) HAVE VIOLATED SECTION 6 -195. (FENCE IN DISREPAIR) 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." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 15 OF 22 VOTE: VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE O ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. "I WILL MAKE A MOTION WE READ RELIEF ORDER `A' USING A HUNDRED [DOLLARS] ($100.00) AND TWO [HUNDRED] FIFTY [DOLLARS] ($250.00) FOR REPEAT FOR FENCE REPAIR." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY CHAIRMAN WOOD. DISCUSSION. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS JOHN G. AND CATHY C. OWEN, CASE NUMBER 09- 0021150 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 6 -195., FENCE IN DISREPAIR OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE [CITY] CODE. IF THE RESPONDENT FAILS 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. 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 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 TIMEFRAME SET FORTH BY THIS BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 16 OF 22 BOARD MEMBER WEISMAN REMARKED, "I WAS JUST THINKING FIVE (5) DAYS WAS TOO SHORT BECAUSE YOU HAVE TO GET A PERMIT." ATTORNEY LATORRE ADDED, "YOU DO NEED A BUILDING PERMIT TO ERECT A FENCE IN THE CITY AND I THINK JUST SUBMITTING THE APPLICATION MIGHT BE ENOUGH TO SATISFY THE CODE OFFICERS." INSPECTOR FLANNIGAN NODDED AFFIRMATIVELY. FURTHER DISCUSSION ENSUED REGARDING PERMITTING M REQUIREMENTS. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.9 Code Enforcement Bureau Police Department CASE #09- 0021444 Brad Horwat 908 Gazell Trail Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified Returned "Unclaimed" October 31, 2009 Inspector Jim Flannigan Inspector Flannigan presented his Testimony using a PowerPoint presentation which was also provided on the CD labeled "WS 1 Continuing, Inspector Flannigan informed the Board, "I received a Complaint in reference to a stagnant pool at this location on September 12, 2009. I observed the pool to be stagnant. The Property was and currently is Vacant. The Property failed Re- Inspection on September 23 2009, September 30 2009, October 10 2009, October 29 2009 November 8 2009 and again today, November 17 2009." It was noted that the First Class Mail was returned "Undeliverable After reporting the Property was Posted on November 8 2009, the recommendation of Finding of Fact and Relief was requested by Inspector Flannigan. Stagnant pool photographs were shown regarding the Property at 908 Gazell Trail and Inspector Flannigan mentioned that the City has been unable to contact anybody related to this Property, to then correct the Violation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 17 OF 22 Discussion regarding the security of the fence and Owner contact information ensued. 1=1 "I MAKE A MOTION THAT WE GO AHEAD AND DO THE FINDING OF FACT ON PAGE 5." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY CHAIRMAN WOOD. DISCUSSION. "THE CITY OF WINTER SPRINGS VERSUS BRAD HORWAT, CASE NUMBER 09- 0021444. AFTER HEARING THE SWORN TESTIMONY OF THE M 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: FINDING OF FACT: THAT THE RESPONDENT 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. STAGNANT POOL 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 BRAD HORWAT, (CASE NUMBER 09- 0021444) HAS VIOLATED SECTION 13 -2. STAGNANT POOL 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." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 18 OF 22 VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE 5:1= ALTERNATE BOARD MEMBER HENDERSON AYE aloe ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE READ RELIEF ORDER `A' ON PAGE 11 AND WE WILL USE TWO [HUNDRED] FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED [DOLLARS] AS THE MAXIMUM AND AGAIN JUST GIVE THEM FIVE (5) BUSINESS DAYS." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY CHAIRMAN WOOD. DISCUSSION. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS BRAD HORWAT, CASE NUMBER 09- 0021444 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13 -2. STAGNANT POOL OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO [HUNDRED] FIFTY [DOLLARS] ($250.00) 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 FIVE HUNDRED DOLLARS ($500.00) 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 TIMEFRAME SET FORTH BY THIS BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 19 OF 22 VOTE: BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER CALLE: AYE VICE CHAIRMAN PITTS: AYE ALTERNATE BOARD MEMBER HENDERSON AYE BOARD MEMBER CRENSHAW: AYE Clue BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA NON COMPLIANCE CASES PUBLIC HEARINGS NON COMPLIANCE CASES 503.1 CASE #09- 0021010 Joseph Butler 700 Cottontail Court Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date of Service: Certified October 30, 2009 Inspector Jim Flannigan Inspector Flannigan commented that he would be presenting a PowerPoint presentation and had already provided the CD "WS 1" as Evidence and commented, "This Case was originally heard before this Board on September 15, 2009. The Board found that Joseph Butler was in Violation of Section 13 -2. Stagnant Pool. Mr. Butler was not present at that meeting. Mr. Butler was found Guilty of Section 13 -2. Stagnant Pool and was given seven (7) days after Notification to correct this Violation." Inspector Flannigan then added, "Relief Order was mailed via Certified Mail and First Class Mail. The Certified Mail was returned undeliverable and the First Class Mail was not returned. The Property was Posted on November 8 2009, by myself with Notice of the Non Compliance Code Board for this evening, which I have proof of Affidavit that I posted that under `WS 2'. This Property still in Violation of stagnant pool and failed Re- Inspection on October 20 2009, October 23 2009, October 24 2009, October 28 2009, October 29 2009, November 8 2009 November 11 2009, November 12 2009, November 16 2009 and again today, November 17 2009 still in Violation. We are asking for Finding of Fact and Relief in the amount of two hundred and fifty dollars ($250.00) per day for the ten (10) days it was found in Violation. Total at this time we are requesting is two thousand, five hundred dollars ($2,500.00). We are also requesting that the Fine is increased to five hundred dollars ($500.00) per day effective immediately until the Violation is corrected." Discussion regarding the increase of the Fine followed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 20 OF 22 Inspector Flannigan proceeded by presenting photographs of the stagnant pool. Further discussion followed on the appropriate Relief Orders. "I WILL MAKE A MOTION THAT THE EXISTING SITUATION CONTINUES A gams ND CONSEQUENTLY WE INCREASE THE FINE TO THE MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00); PROPERTY IS STILL IN NON- COMPLIANCE." MOTION BY BOARD MEMBER CRENSHAW. ATTORNEY LATORRE CLARIFIED, "THAT WAS A MOTION THAT THE PROPERTY IS IN NON COMPLIANCE AND TO INCREASE THE FINE TO FIVE HUNDRED DOLLARS ($500.00) PER DAY." SECONDED BY CHAIRMAN WOOD. DISCUSSION. ALTERNATE BOARD MEMBER HENDERSON COMMENTED, "IF YOU CHECK PAGE 16, I THINK YOU WILL FIND THAT IS PROBABLY WHAT YOU WOULD WANT TO READ ON THE RELIEF ORDERS." ATTORNEY LATORRE REMARKED, "WE CAN INCORPORATE IT INTO THE READING, IF THERE IS NO OBJECTION FROM THE BOARD, CLARIFY THAT THE MOTION THAT WAS SECONDED WILL BE CONSISTENT WITH YOUR RECOMMENDED MOTION ON PAGE 16 OF THE BOARD PACKET." NO OBJECTIONS WERE VOICED. "THE CITY OF WINTER SPRINGS VS. JOSEPH BUTLER, CASE NUMBER 09- 0021010. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT SUFFICIENT EVIDENCE EXISTS TO AMEND THE FINE BASED ON THE FOLLOWING: MOTION TO AMEND FINE FOR NON COMPLIANCE THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WAS FOUND `GUILTY' OF VIOLATING SECTION 13 -2. STAGNANT POOL OF THE CITY CODE AND WAS ORDERED TO CORRECT THE VIOLATION. 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 NOT PRESENT AT THIS HEARING. THE BOARD FINDS THAT SUFFICIENT PROOF EXISTS AND THE FINE SHOULD BE AMENDED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 21 OF 22 THEREFORE, I MOVE THAT THE REQUESTED FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY BE AMENDED TO A FINE OF FIVE HUNDRED DOLLARS ($500.00) PER DAY AND THAT THE CITY IMMEDIATELY CONTINUE THE ENFORCEMENT OF THIS FINE UTILIZING THE AMENDED AMOUNT." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. DISCUSSION. gal=i1 VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: NAY ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. Discussion ensued on the amount of stagnant pools within the City of Winter Springs. Vice Chairman James B. Pitts addressed Attorney Latorre regarding the conditions of being found "Not Guilty" from Red Light Infractions. Tape 2 Side A Attorney Latorre mentioned, "The list of conditions is apparently options that the Police Department has to enter when they're processing a Violation. It is an administrative reason to find in their opinion when they review the Record, Guilty or not Guilty. It does not translate to this Board's review of the Red Light Infraction." Continuing, Attorney Latorre stated, "The Code can be amended to add additional reasons, it would just be up to the Commission to do that." Discussion. Board Member Leah Weisman requested additional guidance related to Motions. Attorney Latorre commented, "I would be happy to prepare a recommended Motion to find the Violation and have that for the next Meeting." Further discussion regarding Cases heard during the course of the Meeting followed. Board Member Dick Crenshaw inquired about additional traffic control systems. Captain Tolleson provided the Board Members with an update on other installations. Chairman Wood requested an updated Member List. Assistant City Clerk Coutant agreed to provide this. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 17, 2009 PAGE 22 OF 22 Lastly, Chairman Wood inquired about the background information the office of the City Clerk requested of the Code Enforcement Board Members. Assistant City Clerk Coutant replied, "We are still trying to find out from Randy (Stevenson, Director, Community Development Department) exactly what he wants." 'V REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 8:45 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 2010 Code Enforcement Board Regular Meeting.