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HomeMy WebLinkAbout2007 10 16 Consent 200 Approval of the August 21, 2007 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 21, 2007 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, August 21, 2007, 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 Chairperson Alisa Kamon, present Board Member Dick Crenshaw, absent Board Member James B. Pitts, present Board Member Greg Roero, present Board Member Leah Weisman, present Board Member Jim Wentz, absent Alternate Board Member Sherri P. Moore, present Alternate Board Member Laura- Leigh Wood, present Chairman Mathew Matisak stated for the Record that Board Member Jim Wentz's absence was excused. Continuing, Chairman Matisak remarked that due to the absences of Board Member Wentz and Board Member Dick Crenshaw that Alternate Board Member Sherri P. Moore and Alternate Board Member Laura-Leigh Wood would be in V oting capacity tonight. Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "Yes, Sir. Tonight we'll be hearing [Agenda Item] 502.1; [Agenda Item] 502.3; [Agenda Item] 502.9; [Agenda Item] 502.14; [Agenda Item] 503.1; [Agenda Item] 503.3; and [Agenda Item] 503.4." Ms. Danielle Harker, Assistant to the City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. Chairman Matisak asked, "Can we add the swearing in of witnesses under Call to Order?" Ms. Harker nodded in agreement. c=a ~ r:d ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 2 OF 25 INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The May 15, 2007 Regular Meeting Minutes. Chairman Matisak commented, "I just have one (1) Amendment and that is that the absence of then Vice-Chairperson Alisa Kaufman was approved." "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: (ON THE AMENDMENT) BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE AL TERNA TE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: (ON THE MAIN MOTION AS AMENDED) BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. ~ ~ ~: ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 3 OF 25 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. REPORTS 402. Code Enforcement Chair Chairman Matisak spoke of the Code Enforcement Workshop held 111 Jacksonville, Florida in June 2007. Continuing, Chairman Matisak remarked, "One is focusing in on Florida Statute 162.08 - which is the adoption and creation of a Rule Book. Which this Board, as of today, does not have." Chairman Matisak commented on examples of what could be in the Rule Book. Discussion. Board Member Pitts suggested that other Cities within Seminole County be looked at to see if any of they have a similar Rule Book. Discussion. Regarding creating a Winter Springs Rule Book, Captain Tolleson asked, "In January, if you could also make a note to add postings; that the Board does allow the posting." Chairman Matisak commented, "Yes, posting service and qualifications." .=a ~ ~ e:::a... ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 4 OF 25 Chairman Matisak asked, "Would anyone have any objections to - and I am more than willing to volunteer myself to work with the Clerk to do this; to look at - some other entities, if they have them. And if not, draft some items based off what came of the Conference that I attended in Jacksonville, and bring that - to the Board for us to discuss. Is there any objection to that?" "A MOTION THAT WE START WORKING ON COMING UP WITH OUR OWN WINTER SPRINGS RULE BOOK. AND I WILL MOTION THAT WE GO FORWARD WITH THAT PROJECT." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN : AYE MOTION CARRIED. Chairman Matisak stated, "I will try to have something ready for and put up an Agenda Item for next - Meeting." REPORTS 403. Code Enforcement Vice Chair Vice Chairperson Kamon commented about her recent marriage and noted her name change from 'Kaufman' to 'Kamon'. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. ~ !S ~ J:L. ~ ES CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 5 OF 25 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. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau - Police Department CASE #07-0014463 111 Lido Road Dietrich A. Doerfler Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Posted Property On August 11,2007 Inspector - Hecmarette Sims Ms. Hecmarette Sims, Code Enforcement Officer, Code Enforcement Bureau, Police Department presented this Agenda Item and stated, "The property was originally sited on April 19, 2007 and issued a Notice of Violation at that time. The property failed re- inspections on May 17th [2007], June 18th [2007], July 30th [2007] and finally again on August 14th [2007]. Notice was posted on the property on August 11 th [2007] giving the Property Owner additional three (3) days to corne into Compliance. The property is currently not in Compliance and we're asking for a Finding of Fact and Relief." Photos were shown of the Property. Discussion. Regarding receiving any response for the Property Owner, Ms. Sims commented, "At one point we did. We received response back in, I believe it was June. They signed for it back on June 7th [2007]. And I believe it was postponed at that time. And - everything else since has been returned." Further discussion. Chairman Matisak stated for the Record that the Respondent was not present at the Meeting. a::::a ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 6 OF 25 "I WILL GO AHEAD A MAKE A MOTION. THE VIOLATION IS FOUND TO EXIST AS OF THIS HEARING IS GUILTY. THE CITY OF WINTER SPRINGS VERSUS DIETRICH DOERFLER, CASE NUMBER 07-0014463. 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: 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. (UNTENDED GRASS AND WEEDS) 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 THE 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 DIETRICH A. DOERFLER HAS VIOLATED SECTION 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY ALTERNATE BOARD MEMBER WOOD. DISCUSSION. VOTE: VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE AL TERNA TE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. c:a ~ a=c: s:L. ~ eg CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 7 OF 25 Discussion ensued on Fines. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DIETRICH A. DOERFLER, CASE NUMBER 07-0014463 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. (UNTENDED GRASS AND WEEDS) 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 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 OR 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 ($100.00) PER DAY BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COpy OF THIS ORDER INTO THE PUBLIC RECORDS IN SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THIS BOARD." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY AL TERNA TE BOARD MEMBER MOORE. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE AL TERNA TE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE MOTION CARRIED. s=a f$ -=c: ~ ea ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2007 PAGE 8 OF 25 PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau - Police Department CASE #07-0014502 206 Holiday Lane Patricia A. Lowe Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Posted Property On August 11,2007 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau - Police Department CASE #07-0014653 45 South Edgemon Avenue Daniel White Section 13-2. (Trash And Debris) Section 20-431., 20-432. And 20-434. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery July 24, 2007 Inspector - Jose Romero Captain Tolleson stated, "Tonight we're not hearing the trash and debris." Mr. Jose Romero, Code Enforcement Officer, Code Enforcement Bureau, Police Department addressed this Agenda Item, saying, "It was sited on May 5, 2007; issued a Notice of Violation warning. Property failed re-inspection on May 28th [2007] and again on June 11th [2007]. Certified Notice signed for on July 24, 2007 giving Mr. White an additional three (3) days to Correct. Respondent has not contacted us to this date on re- inspection or assistance. Currently it is not in Compliance. Weare asking for Finding of Fact and Relief [Order] of this Case." Photos were shown of the commercial vehicle. Mr. Romero stated for the Record that a white van in the photos was the vehicle in question. Discussion. Chairman Matisak stated, "Let the record reflect that the respondent is not present." "THE CITY OF WINTER SPRINGS VERSUS DANIEL WHITE, CASE NUMBER 07-0014653. 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: ~ ~ t::IC: A... ea ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 9 OF 25 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 SECTIONS 20-431.; 20-432.; 20-434. (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 ST A TUTES 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 CONTINUED TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. DANIEL WHITE HAS VIOLATED SECTIONS 20-431.; 20-432.; 20-434. (COMMERCIAL VEHICLE) OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON : AYE CHAIRMAN MA TISAK: AYE MOTION CARRIED. Discussion ensued on Fines, ..=:a ~ e::c: ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE IOOF25 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS MR. DANIEL WHITE, CASE NUMBER 07-0014653 HAVING BEEN FOUND 'GUlL TY' FOR THE VIOLA TION OF SECTIONS 20-431.; 20-432.; AND 20-434. (COMMERCIAL 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. IF THE RESPONDENT FAILS 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 THE CODE ENFORCEMENT OFFICER OF THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY OR ALL FUTURE REOCCURRENCES OF THIS VIOLA TION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLA TION 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 THE 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 RECORD FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THE BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. Discussion. c:a ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE II OF 25 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau - Police Department CASE #07-0014787 510 Seasons Court Kimberly Wolf Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery July 24, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau - Police Department CASE #07-0014790 704 Sailfish Road Brian McArdle Section 13-2. (Junk - Outdoor Storage) Date Of Service: Certified - July 30, 2007 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau - Police Department CASE #07-0014810 306 North Hawthorne Circle Ronda Caylor And Lisa Law Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - N/A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau - Police Department CASE #07-0014811 421 South Hawthorne Circle Fair Inv. LLC Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - NI A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. c::a ~ ~ hl ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 12 OF 25 PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau - Police Department CASE #07-0014904 633 Murphy Road Petrina And Ronald Rosenberger Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery July 23, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau - Police Department CASE #07-0014911 115 Murphy Road Jorge Dasilva And Tracy Kent-Dasilva Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery August 7, 2007 Inspector - Cathy Davidson Ms. Cathy Davidson, Code Enforcement Officer, presented this Agenda Item and stated, "This property was sited on June 4, 2007 and issued a Notice of Violation. This property failed re-inspection on June 21, 2007 and re-inspected again on July 15th [2007] and failed. Notice was posted on August 7, 2007, giving the property owner an additional three (3) days to correct after notification. Currently this property is in Non-Compliance and we are asking for a Finding of Fact and Relief ." Photos were shown on the property. Discussion. Ms. Davidson commented, "On one (1) of the other certified mails - it shows a change of address; and the change of address is 475 McGregor Road; and Inspector Romero and I both have left our business cards and there's been no contact at all on this property." Further discussion. Chairman Matisak asked, "Inspector Romero, where are you when you're taking that picture; where are you in that picture when you're measuring the grass?" Inspector Romero replied, ''I'm off - on the other side of the sidewalk on the property." Chairman Matisak reiterated, "So, you're on the subject property?" Inspector Romero replied, "Yes." Discussion continued. a=:a ~ c:> ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 13 OF 25 Regarding the certified letter, Ms. Davidson stated, "It went to both addresses." Chairman Matisak stated for the Record that the Respondent was not present at the Hearing. Regarding Inspector Romero on the property, Captain Tolleson commented, "He stepped in the yard to measure the grass." Tape I /Side B Regarding the photo of Inspector Romero measuring the grass, Captain Tolleson commented, "If it had been objected this evening, we would have not entered it into Evidence. " Chairman Matisak stated, ''I'm going to remove that component from - Evidence; that photo as well as the twenty-four inches (24") of grass. I would ask that the Board not consider that in their decision this evening in rendering their Verdict." "THE CITY OF WINTER SPRINGS VERSUS JORGE DASILVA AND TRACY KENT-DASILVA, CASE NUMBER 07-0014911. 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: 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. (UNTENDED GRASS AND WEEDS) 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. ~ c::> ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGU LAR MEETING - AUGUST 21,2007 PAGE 14 OF 25 THEREFORE, I MOVE THAT THIS BOARD FIND THAT JORGE DASIL VA AND TRACY KENT-DASILVA HAVE VIOLATED SECTION 13-2. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE AND THE JUDGMENT OF 'GUlL TY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIA TE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. Discussion ensued on Fines. "MOTION WHERE VIOLATION HAS FOUND TO HAVE EXISTED AS OF THIS HEARING. RELIEF ORDER: THE CITY OF WINTER SPRINGS VERSUS JORGE DASIL VA AND TRACY KENT -DASIL VA, CASE NUMBER 07-0014911 HAVING BEEN FOUND 'GUlL TY' FOR VIOLATING SECTION 13-2. (UNTENDED GRASS AND WEEDS 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 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. ~ ~ ~ ~;; .......J ~l ~j ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGEI50F25 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." MOTION BY VICE CHAIRPERSON KAMON. AL TERNA TE BOARD MEMBER MOORE. DISCUSSION. VOTE: BOARD MEMBER WEISMAN : AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON : AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.10 Code Enforcement Bureau - Police Department CASE #07-0014936 1615 White Dove Drive Richard Zeper Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Posted Property On August 11, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS- NEW CASES 502.11 Code Enforcement Bureau - Police Department CASE #07-0015111 1314 Deer Run Lon And Selma J. Miller Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - N/ A Inspector - Jose Romero This Agenda Item was not brought to the Hearing. c:a ~ J:C: ~ ea eg CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 16 OF 25 PUBLIC HEARINGS - NEW CASES 502.12 Code Enforcement Bureau - Police Department CASE #07-0015292 121 North Devon Avenue Walter R. Sr. And Eva M. Drake And Angela M. Dantona ET AL Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 13, 2007 Inspector - Jose Romero This Agenda Item was not brought to the Hearing, PUBLIC HEARINGS - NEW CASES 502.13 Code Enforcement Bureau - Police Department CASE #07-0015298 239 Oak Road Jimmy L. Vessels Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - August 13, 2007 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.14 Code Enforcement Bureau - Police Department CASE #07-0015550 115 Murphy Road Jorge Dasilva And Tracy Kent-Dasilva Section 13-2. (Stagnant Pool) Date Of Service: Certified - Proof Of Delivery August 9, 2007 Inspector - Cathy Davidson Ms. Davidson presented this Agenda Item and stated, "Was originally sited on July 24, 2007 and issued a Notice of Violation. The property failed re-inspection on August 1, 2007 and the Seminole County Health Department was notified on August 3rd [2007]. The property is still in Non-Compliance. The Respondent has not been in contact with us. We're asking for Finding of Fact and Relief." Photos were shown of the property. Discussion. Regarding the certified mail, Ms. Davidson commented, "This is the one where he signed it and he has a new address McGregor [Road]." Ms. Davidson continued, "He signed for it on the 15th." ~ ~ s:c: r.:L4 ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 170F25 Chairman Matisak stated for the Record the Respondent was not present at the Hearing. "I WILL MOTION. THE CITY OF WINTER SPRINGS VERSUS JORGE DASIL VA AND TRACY KENT -DASIL VA, CASE NUMBER 07-0015550. 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: FINDING OF FACT: 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 THAT JORGE DASILVA AND TRACY KENT -DASIL VA HAVE VIOLA TED SECTION 13-2. [STAGNANT POOL] OF THE CITY CODE AND THE JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THA T AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY ALTERNATE BOARD MEMBER MOORE. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. ~ f$ == ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21,2007 PAGE 180F25 VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE AL TERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Discussion ensued on Fines. Chairman Matisak asked, "Does it come back here, Captain Tolleson?" Captain Tolleson replied, "That's correct. It would come back as a Non-Compliance." Next, Chairman Matisak inquired, "Is the County going to continue to shock it?" Captain Tolleson replied, "We have them do it one (1) more time." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS JORGE DASIL VA AND TRACY KENT-DASILV A~ CASE NUMBER 07-0015550 HAVING BEEN FOUND 'GUlL TY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN THREE (3) 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 VIOLA TION 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 AND FIFTY DOLLARS ($250.00) PER DAY BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. ~ ~ -=c: lC'-c ea E3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2007 PAGE 190F25 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." MOTION BY AL TERNA TE BOARD MEMBER MOORE. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: VICE CHAIRPERSON KAMON : AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 503.1 CASE #CEB-01-841 130 East Bahama Road King J. And Sindy Smith Section 13-2. (Outdoor Storage) Date of Service: Certified - Proof Of Delivery July 23, 2007 Inspector - Cathy Davidson Chairman Matisak reminded the Board of the process of examining for Non-Compliance, Ms. Davidson presented this Agenda Item and stated, "This Case was originally heard before this Board on August 21, 2001. The Board found King J. and Sindy Smith in Violation and Ordered that they be given fourteen (14) days after Notification to come into Compliance. If Compliance was not achieved by that date, a Fine of twenty-five dollars ($25.00) per day will be imposed. On June 22, 2007, a Notice of Violation was given for Non-Compliance. This property has been in Violation for sixty (60) days at fifteen hundred dollars ($1,500.00) and we're asking for a Finding of Fact and Relief [Order]. He's now in Compliance as of today." Photos were shown of the property. ~ c:> ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGU LAR MEETING - AUGUST 21,2007 PAGE 20 OF 25 Captain Tolleson asked Ms. Davidson, "Is this the first time it's been here before a Repeat for Non-Compliance?" Ms. Davidson replied, "No." Captain Tolleson continued, "Was this Case brought in front of this Board in October 2005?" Ms. Davidson added, "Yes it was." Captain Tolleson said, "And a Fine was issued in the amount of seven hundred and fifty dollars ($750.00)?" Ms. Davidson stated, "Yes it was." Captain Tolleson asked, "The Lien has since been cleared?" Ms. Davidson said, "I believe it's been paid; yes." Captain Tolleson said, "And we're now back as of July 23rd [2007] and he's back to the same conditions." Ms. Davidson remarked, "Yes." Chairman Matisak stated, "And that gives us a total of fifteen hundred [dollars] ($1,500.00) at this point." Chairman Matisak commented that the Record reflect the Respondent was not present at the Hearing. "THE CITY OF WINTER SPRINGS VERSUS KING J. [SMITH] AND SINDY SMITH, CASE NUMBER CEB-01-841, AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: 1. THE RESPONDENT HAS PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS TWICE AND WAS FOUND 'GUILTY' OF VIOLATING SECTION 13- 2. (OUTDOOR STORAGE) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATION. 2. 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. 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARDS ORDER. THERE, I MOVE THAT THE FINE OF FIFTEEN HUNDRED DOLLARS ($1,500.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. c:a ~ c::> s=c: A-. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2007 PAGE210F25 VOTE: CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE MOTION CARRIED. PUBLIC HEARINGS - NON-COMPLIANCE CASES 503.2 CASE #04-0006311 500 Evergreen Avenue Perry S. Firoz Section 13-2. (Untended Grass And Weeds) Date of Service: Certified - August 8, 2007 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NON-COMPLIANCE CASES 503.3 CASE #04-0007008 1309 Deer Run Ivory Wise Jr. And Robert Wise Section 13-2. (Untended Grass And Weeds) Date of Service: Certified - Proof Of Delivery August 3, 2007 Inspector - Hecmarette Sims Ms. Sims presented this Agenda Item and stated, "This property was found to be in Violation again on July 2, 2007. The Relief Order was signed originally February 2211d. That was when it was originally heard in 2005 by the Code Board. At that time, Mr. Wise was present at that Hearing. The Violation was corrected and found to be in Compliance - when I was originally saw it on July 2nd [2007], it went into Compliance on August 3rd [2007]. At this point, we're asking for a Finding of Fact and Relief [Order] in an amount of a hundred dollars ($100.00) per day, for thirty one (31) days, for a total of thirty one hundred dollars ($3,100.00)." Photos were shown of the property. Ms. Sims stated, "It is now in Compliance." Discussion. c:a ~ <=> ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGU LAR MEETING - AUGUST 21,2007 PAGE 22 OF 25 Chairman Matisak said, "As a matter of Record - the Respondents - were present in front of the Board - was there a fine and then it was waived?" Captain Tolleson replied, "You all lifted it. You waived the five hundred and thirty-six dollars ($536.00)" Chairman Matisak continued, "Was that during a Non-Compliance Hearing?" Captain Tolleson replied, "Yes. That was for the tree removal and the repairs to the yard and to put the fence back up." Further discussion. Captain Tolleson entered into the Record the January 18,2005 Code Enforcement Board Regular Meeting Minutes. Discussion continued. Chairman Matisak stated for the Record that the Respondent was not present at this Hearing. "THE CITY OF WINTER SPRINGS VERSUS IVORY WISE JR. AND ROBERT WISE, CASE NUMBER 04-0007008, AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: 1. 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. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE AND WAS ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT W AS NOT PRESENT AT THIS HEARING. 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARDS ORDER. THERE, I MOVE THAT THE FINE OF THIRTY ONE HUNDRED DOLLARS ($3,100.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY AL TERNA TE BOARD MEMBER MOORE. SECONDED BY ALTERNATE BOARD MEMBER WOOD. DISCUSSION. c=. ~ c::> r:r:: s:L. ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2007 PAGE 23 OF 25 VOTE: ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE MOTION CARRIED. Discussion. PUBLIC HEARINGS - NON-COMPLIANCE CASES 503.4 CASE #06-0012353 71 North Bombay Avenue Francis A. Joyce Section 13-2. (Untended Grass And Weeds) Date of Service: Certified - July 30, 2007 "Unclaimed" Inspector - Jose Romero Mr. Romero presented this Agenda Item and stated, "It was originally heard by the Board on September 19, 2006 and - found 'Guilty'. A further reoccurrence will be considered a repeat offense. A Fine for a repeat Violation was imposed for a hundred dollars ($100.00) - a day, per day. A Notice of Violation was issued on May 30, 2007. Eighty (80) days; eight thousand dollars ($8,000.00) total." Photos were taken of the property. Regarding the date he posted the Notice of Violation on the door, Inspector Romero said, "August 11 th." Discussion. Regarding how long the property has been vacant, Captain Tolleson stated, "It's been vacant since September 19, 2006. Mr. Francis [Joyce] is deceased." Captain Tolleson continued, "The actual Property Owner, however, does reside in Oak Forest." Chairman Matisak stated for the Record that the Respondent was not present at the Hearing. Captain Tolleson entered into the Record a copy of the Finding of Fact and Order of Re1ieffrom August 2001. c::a ~ ~ ~ ~ E3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING ~ AUGUST 21,2007 PAGE 24 OF 25 "THE CITY OF WINTER SPRINGS VERSUS FRANCIS A. JOYCE, CASE NUMBER 06-0012353, 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. 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. (UNTENDED GRASS AND WEEDS) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATION. 2. 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. 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARDS ORDER. THEREFORE, I MOVE THAT THE FINE OF EIGHT THOUSAND DOLLARS ($8,000.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON KAMON: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. c:a f5 == ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 21, 2007 PAGE 25 OF 25 REGULAR AGENDA REGULAR 600.Not Used. Chairman Matisak commented, "I just want to personally commend the work that you all do because I certainly appreciate - I think you guys do a great work; it's always thorough; it's very well presented, And I think the citizens in Winter Springs should be proud to have folks like you on the Department and doing that kind of work So, Captain Tolleson and your team, very nice," Board Member Pitts was in agreement Chairman Matisak continued, "As well as the Board - this Board has done an excellent job in issuing - judgments that are consistent" Next, Chairman Matisak said, "We're consistent, I think, fair, and I think all of you should be commended for that And - we have a consistent group of people that are willing to dedicate their time and be here, And take this seriously and I think that's important as well. And I thank all of you for that, for doing an excellent job, So, thank you." Discussion ensued on parking on front lawns. ADJOURNMENT Chainnan Matisak adjourned the Regular Meeting at 8:30 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the Code Enforcement Board Regular Meeting. c:a ~ c::> J:I:".: J:a,.... ~