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HomeMy WebLinkAbout2007 08 21 Consent 200 Approval of the May 15, 2007 Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 15,2007 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, May 15, 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 Kaufinan, absent 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, present Alternate Board Member Sherri P. Moore, present Alternate Board Member Laura-Leigh Wood, absent Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Chairman Matisak inquired if there were any "Agenda Changes". Captain Glenn Tolleson, Police Department stated, 'Yes, sir, we do. Tonight we're going to hear [Agenda Item] 502.3, [Agenda Item] 502.10 and [Agenda Item] 503.1." Ms. Danielle Harker, Assistant to the City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. Discussion ensued regarding Agenda Items that would be heard. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. ~ ~ ~ c:::> Cld c.... c.... ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGU LAR MEETING - MAY 15, 2007 PAGE 2 OF 22 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The April 17, 2007 Regular Meeting Minutes. Chairman Matisak asked, "Can I get approval for the April 1 ih [2007] Minutes?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: NAY MOTION CARRIED. AWARDS AND PRESENT A TIONS AWARDS AND PRESENTATIONS 300. Not Used. Regarding the error in the Agenda Item numbers for the Reports, Chairman Matisak asked, "Which I believe is going to be the Reports section, which is 400? Is that correct? Because it is labeled as 600." Ms, Harker, Assistant to the City Clerk commented, "It's actually 400." Discussion. REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401. Office Of The City Clerk Ms. Harker commented regarding updating the Board's contact information for the Memberlist. ~ f;t&:i r.::::a.. ~'" ~ ~ ~ ~ . ~~ ~ ; =- CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-MAY 15,2007 PAGE30F22 Chairman Matisak asked, "Any particular - preferred method to contact you with these changes?" Ms. Harker replied, "You can email me; you can fill it out tonight; you can let me know next Meeting." REPORTS 402. Code Enforcement Chair Chairman Matisak said, "I wanted to thank Captain Tolleson for putting on an excellent session for the - Code Enforcement." Chairman Matisak continued, "I thought it was very informative." Chairman Matisak remarked, "I really enjoyed it and 1 thank you and the Board thanks you. You did a fantastic job!" Discussion. Regarding changes to the City Code, Captain Tolleson commented, "Around July we'll be presenting that to the Commission. So, I'll try to get it to you all as well." Captain Tolleson continued, "So, if you all have any, or can think of any of the particular Codes that has been in front of you that don't exactly feel needs to be fixed, or added or changed, or whatever; jot them down, email them to me. And I'll look into those as well because the Commission's directive was to go through and kind of fix the stuff that's in there - so, if any of them pop to mind, just shoot me an email or give me a call or something. I'll add them to the list." Next, Chairman Matisak spoke regarding absences. REPORTS 403. Code Enforcement Vice Chairperson No Report. REPORTS 404. Code Enforcement Board Members Alternate Board Member Sherri P. Moore commented, "I also would like to thank Captain Tolleson and his team for a wonderful and very informative session - this month." Board Member Gregory Roero remarked, "I too. Thank you." Board Member Jim Wentz said, "Likewise, thank you." ~ r"".....-'IIl ~~~ ~... ~ ~ ~-... r"'" . BIPZ~ :--; ; . CITY OF WINTER SPRINGS, FLORIDA M IN UTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 4 OF 22 PUBLIC INPUT Noone 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. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau - Police Department CASE #06-0012346 423 Boxwood Circle Ajay Bhalla Section 6-46. (No Building Permit - New Doors) Date Of Service: Certified - Proof Of Delivery April 30, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau - Police Department CASE #07-0012766 311 South Edgemon Avenue Scott W. Roberts Section 13-2. (Debris) Date Of Service: Certified - Proof Of Delivery May 1, 2007 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. i~7:=:~~;;j r"-~~~:' "l~ ~'tJ:r:~u~w~ ~;;;;~;- C""""~ ~ ~ ~ ~ :,---: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 5 OF 22 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau - Police Department CASE #07-0013631 704 Sailfish Road Brian McArdle Section 9-374. (No House Numbers) Date Of Service: Certified - April 13, 2007 Inspector - Hecmarette Sims Ms. Hecmarette Sims, Code Enforcement Officer, Code Enforcement Bureau, Police Department presented this Agenda Item and stated, "Originally this property was sited on January 11 t\ 2007 and issued a Notice of Violation. This property failed re-inspections on February 1ih, 2007, March il\ 2007, April 5t\ 2007, May i\ 2007, and finally May 11 th, 2007. The Notice was posted on May 5t\ 2007; giving the Property Owner an additional three (3) days to correct. And currently it is not in Compliance. We're asking for a Finding of Fact and Relief [Order)." Photos were shown of the Property. Board Member James B. Pitts asked, "Did you have any contact at all with the homeowner during that period of time?" Inspector Sims replied, "No, I have not. I left my business card requesting that they call me in order to discuss this so that we could - avoid corning to Code Board, with no response." Discussion. Next, Board Member Roero asked, "Does he have any idea that there are no numbers up there?" Inspector Sims replied, "I left the door hanger, as well as my business card. When I returned for the final re-inspection that I'd completed on his home on the [May] 11 th, my card had been removed. So, I'm under the impression that he saw that and took it into the home. And it's specifically on there asking to contact me directly in reference to - him not having any numbers on his...". Board Member Roero said, "... So, he - was informed." Ms. Sims replied, "Correct." Further discussion. Captain Tolleson showed the Board a copy of a door hanger, like the one that was placed on the resident's home. Discussion. Chairman Matisak asked, "Captain, is there a Respondent here this evening to testify?" Captain Tolleson replied, "No, sir." Discussion ensued on length of time to give the Violator to correct the Violation. """"'~ ~.;~ ~~~ ~~ C.::> ~ tJ:~ ~~...; ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 6 OF 22 ~ r_--~ fi~mY,~ ;-';;;;"'";.ba ~ ~~ ~ ~La Olllid;~ ~ ~ ALTERNATE BOARD MEMBER MOORE SAID, "I WOULD LIKE TO MAKE A MOTION WERE VIOLATION HAS FOUND TO HAVE EXISTED AS OF THIS HEARING." FINDING OF FACT "THE CITY OF WINTER SPRINGS VERSUS [MR.] BRIAN McARDLE, CASE NUMBER 07-0013631. 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. 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 9-374. [NO HOUSE NUMBERS] OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THA T THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND MR. BRIAN McARDLE HAS VIOLATED SECTION 9-374. [NO HOUSE NUMBERS] 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." MOTION BY ALTERNATE BOARD MEMBER MOORE. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 7 OF 22 Regarding length of time to be given to correct the Violation, Board Member Roero commented, "All I was saying is just a few days because of the situation. They have already been contacted and it is just a matter of being pushed through. Instead of the usual five (5) days, ten (10) days, we usually give; give it three (3) days." Board Member Pitts remarked, "I agree with you totally." Discussion ensued of fines for Violation. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS [MR.] BRIAN McARDLE, CASE NUMBER 07-0013631 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 9-374. [NO HOUSE NUMBERS] 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) PER DAY, 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 VIOLA TION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION." THE FINE FOR A REPEAT VIOLATION WILL BE FIFTY DOLLARS ($50.00) 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 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 BOARD MEMBER PITTS. DISCUSSION. BOARD MEMBER WENTZ COMMENTED, "I THINK WE SHOULD HAVE THE REPEAT VIOLATION BE MORE THAN THE INITIAL VIOLATION PER DAY." DISCUSSION ON REPEAT VIOLATIONS. fr~~::~ t:;.~ ---ill ~;~;; ~:;,~~ gi""""..."m?1i ~--.... C~ ~~ ~ :---; r---> CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- MAY 15,2007 PAGE 8 OF 22 "I WOULD LIKE TO MAKE AN AMENDMENT TO RAISE THE REPEAT VIOLATION TO A HUNDRED DOLLARS ($100.00) A DAY FROM THE FIFTY DOLLARS ($50.00) A DAY." MOTION BY BOARD MEMBER WENTZ. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. VOTE: (MOTION AS AMENDED) BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau - Police Department CASE #07-0013735 20 Gumtree Court Guy And Janet Monico And Bruce Hahawalt Section 13-2. (Trash And Debris) Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - April 24, 2007 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau - Police Department CASE #07-0013794 60 North Cortez A venue Jody F. Freeman Section 12-53(a)(b). (Disabled Motor Vehicle) Date Of Service: Certified - Proof Of Delivery April 16, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. ~=".""" ~~:~~\U;~ ~~~ ~;;1"l'\~ ~=~~ ,=~ ~...~ d~ 1I!~..zh~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 9 OF 22 PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau - Police Department CASE #07-0013825 180-186 Lori Anne Lane Joseph G. Deas Section 13-2. (Trash And Debris) Section 13-3. (Duty Of Owner(s) Of Buildings) Date Of Service: Certified - Proof of Delivery April 24, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau - Police Department CASE #07-0013826 111-117 Lori Anne Lane Atlas Group, LLC. Section 13-2. (Trash And Debris) Section 13-3. (Duty Of Owner(s) Of Buildings) Date Of Service: Certified - Proof Of Delivery April 16, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau - Police Department CASE #07-0014007 4 Gumtree Circle James A. And Eileen Nass Trs FBO Tenant: Theresa Barrows Section 6-195. (Fence In Disrepair) Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery April 27, 2007 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. &:',;;~ ,t,;;:;j ~-;;;;;.~ 4:::~~: ;;:~.,~ ~""iI ~~><4 ~~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING ~ MAY 15,2007 PAGE 10 OF 22 PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau - Police Department CASE #07-0014021 505 Seasons Court Tabitha Deley Section 20-431. And 20-432. And 20-434. (Commercial Vehicle) Date Of Service: Certified - Proof Of Delivery April 14, 2007 Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing, 502.10 Code Enforcement Bureau - Police Department CASE #07-0014075 140 Tarpon Circle Tracy Mills Section 6-195. (Fence In Disrepair) Section 13-2. (Stagnant Pool) Date Of Service: Certified - April 18, 2007 Returned "Unclaimed" Inspector - Hecmarette Sims Ms. Sims presented this Agenda Item and stated, "This property was originally sited on March 2nd, 2007, and issued a Notice of Violation. This property failed re-inspections on March 18th, 2007, April 15th, 2007 and May i'\ 2007. Notice was posted on the property on May 5th, 2007, giving the property owner an additional three (3) days to correct the Violations. The property is currently not in Compliance. We're asking for a Finding of Fact and Relief [Order]." Photos were shown of the property. Discussion ensued on different ways to try to contact the Violator. Board Member Wentz asked, "Is Code Enforcement looking to recover any costs associated with Public Works on this as far as putting up the temporary fence?" Captain Tolleson replied, "We're not prepared with that amount because we don't know what that amount in man power hours." Chairman Matisak commented, "Well, I think we should." Captain Tolleson remarked, "I agree. But, I was not able to get that information for the Board this evening. If you would like to bring it back next month, when we have that number, we can do that." Further discussion. Tape I1Side B Discussion ensued regarding ways to make the property safe. (:~~;~~ ft;:'j;~<)'~:1~ ru"'.""~ I\l>"~;~ ~"''ifl<. '" i1t..\Y~iUi9~ '1lf'~ ~ ~ CITY OF WINTER SPRINGS. FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15.2007 PAGE II OF 22 Captain Tolleson suggested, "If the Board goes and directs the fence be repaired in a more permanent fashion, that's going to take the kids out of the pool area. We can do that and charge that back. However, as far as the Relief [Order] in this Case, it would be up to five hundred dollars ($500.00). Anything - above and beyond that, if direction by the Board, I can attach, once that number's done." Captain Tolleson continued, "I just want the Board to understand that the work that's been done so far, I can't give you a dollar amount to that. However, if that's - the direction of the Board, that money can then be added to the rest of the money to completely re-secure that property." Discussion ensued on vacancy of property and fines for Violation. Chairman Matisak suggested, "I think we need to have two (2) Finding of Facts; one (1) for Fence in Disrepair and one (1) for Stagnant Pool. And I think when it comes time to the Relief Order, we need to have separate ones as well." Captain Tolleson asked, "And if I could just have the Board remember when they get into - with that direction that you're talking about to include current job done and whatever else the Board mayor may not wish to instruct us to." FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS [MS.] TRACY MILLS, CASE NUMBER 07-0014075. 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. 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. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OFTHE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. ~~ r::'"1k~J ;;;.~~;:~ <<~~~~~:~~ 'uP?o!..~~<;l.@~ ~""\''';'''''l'''<l~ ~~~:;~ f=~ ~ ~ ; ;;a CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MA Y 15, 2007 PAGE 12 OF 22 THEREFORE, I MOVE THAT THIS BOARD FIND THAT [MS.] TRACY MILLS HAS 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." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. CHAIRMAN MATISAK NOTED FOR THE RECORD, "THAT TRACY MILLS OR A REPRESENTATIVE - IS NOT HERE THIS EVENING TO TESTIFY. SO, THAT IS WHY THE CHAIR DID NOT PROVIDE AN OPPORTUNITY FOR THE RESPONDENT TO PRESENT TESTIMONY BECAUSE THEY ARE NOT HERE." VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE AL TERNA TE BOARD MEMBER MOORE: AYE MOTION CARRIED. FINDING OF FACT: "THE CITY OF WINTER SPRINGS VERSUS [MS.] TRACY MILLS, CASE NUMBER 07-0014075. 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. 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. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THE HEARING. 3. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 4. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. ~~=~:~ ~;:;~~:>:>11 ~;;~~~.! <::=3~ ,:;,'i~ ~~"'<<I' 1>".,-"cA....,g ~..>'''.~,. :.- ,..,,~ . .~' ~~ ~ r-- CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 13 OF 22 5. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THE BOARD FIND THAT [MS.] TRACY MILLS 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 THE APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE AL TERNA TE BOARD MEMBER MOORE: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. Discussion. Alternate Board Member Moore asked, "Once the property is been fenced, do we still have access to even find out if the pool is still stagnant? Even - if we fenced the property, we no longer have the right to - enter into that fenced area, right?" Chairman Matisak commented, "We can grant access - for the officer to go in..." Captain Tolleson remarked, "... You can - do to the fact that at your direction is to monitor the pool; the direction is to make sure the fences stays up. It's in your direction for that stuff." Captain Tolleson continued, "1 just need the direction to do both." Further discussion. Captain Tolleson commented, "We're probably going to be back in front of you as Non- Compliance by the Board's order, on whatever those days are. And you will have all of those numbers at that time what we've spent; where we're at and how we got there and where we're going." Discussion ensued on the dangers to the community. Q~~~~~:~~~~~~ lif't""",~""l1J ~"K:1.Q;J;Y{M~ ,:;J~~4 eke ~ ~ ;-----. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 14 OF 22 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS [MS.] TRACY MILLS, CASE NUMBER 07-0014075 HAVING BEEN FOUND 'GUILTY' 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 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. 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 PER FIVE HUNDRED DOLLARS ($500.00) 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 THE BOARD. I ALSO WOULD LIKE TO ADD ON THERE THAT WE WANT TO INSTRUCT CODE ENFORCEMENT THAT AFTER THE THREE (3) DAYS, IF IT IS NOT CORRECTED, THAT THEY SHOULD GO AHEAD AND PROCEED TO KEEP THE POOL UP TO CODE ENFORCEMENT STANDARDS." MOTION BY BOARD MEMBER WENTZ. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. BOARD MEMBER PITTS COMMENTED, "I THINK THAT THE FINE IS TOO HIGH." DISCUSSION ENSUED ON FINES. BOARD MEMBER WENTZ REMARKED, "I AGREE - I REALIZED IT AFTER I READ IT." BOARD MEMBER WENTZ CONTINUED, "A HUNDRED (100.00); TWO [HUNDRED] FIFTY [DOLLARS] (250.00)." BOARD MEMBER PITTS REPLIED, "THANKS, JIM (WENTZ)." ~2I;},G;~~ 1'J<,,""h,,,,,,'I'll ~l~ ~ ~ ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 15 OF 22 CHAIRMAN MATISAK COMMENTED, "IF WE GO AHEAD AND DO THAT, AFTER DAY THREE (3), THE FINES KICK IN. YOU HAVE SOMEBODY COME IN, SHOCK THE POOL; THE POOL IS NO LONGER STAGNANT. DOES THE FINE STILL RUN?" CAPTAIN TOLLESON REPLIED, "THAT POOL IS GOING TO BE STAGNANT, EVEN IF IT'S SHOCKED. UNTIL THAT POOL IS CRYSTAL CLEAR, IT'S STAGNANT." CAPTAIN TOLLESON CONTINUED, "WE'RE NOT GOING TO MAKE IT CRYSTAL CLEAR; WE'RE JUST GOING TO SHOCK IT." DISCUSSION ENSUED ON SHOCKING POOLS. "MAKE AN AMENDMENT TO THE MOTION TO HAVE AS SUGGESTED BY BOARD MEMBER PITTS TO HAVE A HUNDRED DOLLAR ($100.00) PER DA Y FINE - WITH A REPEAT VIOLATION OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY. AFTER THE THIRD DAY, HAVE THE HEALTH DEPARTMENT COME ON SITE. THE BOARD AUTHORIZES THAT THE HEATH DEPARTMENT CAN COME ON SITE TO THE PROPERTY TO EXECUTE THE ORDER; TO SHOCK THE POOL ON A REGULAR BASIS." FURTHER DISCUSSION. CAPTAIN TOLLESON SAID, "I CAN ASSURE YOU IT WILL BE DONE AT LEAST EVERY THIRTY (30); IT MAY BE DONE MORE." MATISAK "STRIKE THE THIRTY (30) DAY TIME PERIOD AT THE DISCRETION OF THE CODE ENFORCEMENT." MOTION BY CHAIRMAN MATISAK. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. e,;:':~ Fl'''''''~~. [f~~.!ihi:;~ ~i>.',':J l'li<'.;c'~""""i1I ~:'.l. _. ...'U'!;;~ ,,~ ~ ;---. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 16 OF 22 VOTE: (MOTION AS AMENDED) BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE AL TERNA TE BOARD MEMBER MOORE: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE MOTION CARRIED. Discussion ensued on the Fence in disrepair. Regarding having the City repair the fence, Board Member Pitts pointed out, "And that is going to have to be in the [Relief] Order as well; to direct the City - Department of Public Works to install a suitable fence to make sure that the - access to the pool is not possible." Chairman Matisak asked, "So, we would be looking to what, have them repair the fence to Code? That would be the [Relief] Order?" Board Member Pitts replied, "I don't know whether you want to repair the fence to Code because in that area - the Code may not even allow a chain link fence. But I think in an emergency situation like this, that might be the most expedient way to do it and the cheapest way to do it for the City." Captain Tolleson suggested, "I would make the [Relief] Order just to secure the Property." Board Member Pitts added, "Okay, yes. And the discretion of the Building Department, how they do it." Captain Tolleson answered, "Right." Regarding fines for this Violation, Board Member Pitts suggested, "I think it ought to be a hundred fifty bucks ($150.00) a day." Regarding a fine for a Repeat Violation, Board Member Pitts commented, "Three hundred [dollars] ($300.00) a day." Board Member Wentz remarked, "I agree with that." Discussion. Board Member Pitts asked Captain Tolleson, "Under the circumstances, do you think we are safe in giving them three (3) days to correct it and after that point, let the City go in and do their thing?" Captain Tolleson replied, "Yes, sir." Further discussion. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS [MS.] TRACY MILLS, CASE NUMBER 07-0014075 HAVING BEEN FOUND 'GUILTY' FOR VIOLATION OF SECTION 6-195. (FENCE IN DISREPAIR) [OF THE CITY CODE,] I MOVE THAT THE RESPONDENT BE GIVEN THREE (3) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF CITY CODE. ~'_'R'~ .....,:.."'...,"'"""'""",:0. ~'.,..,,:,"""'.;..""-...\ ~?--c ..:"",\, ~~~~5.'~ ~;;;';;~ ~~:~ ~~= ""'^"l>:}, _ ~"""-.. U',c."'~ iI''''''Z~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGEI70F22 t;,~~~~~~~:~~~~ f:.~::~:'~\':;~~:~; 1tl!,::".;r"\<)_I.>~,-.,,...\.~ ~:~~"'"'I f&;~~,0l(il ~~ ~ ~ IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) WILL BE IMPOSED PER DAY UNTIL THE COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT - OFFICER FOR THE CITY OF WINTER SPRINGS. THEREFORE, 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 REPEA T VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE PER DAY THREE HUNDRED AND FIFTY DOLLARS ($350.00) 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 THE ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THE BOARD. ALSO, PROVISION BE MADE THAT CODE ENFORCEMENT WOULD CORRECT THE PROBLEM - [AT THE] RE-COMPLIANCE HEARING FOR THE COST." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. BOARD MEMBER PITTS REMARKED, "I THOUGHT WE AGREED ON THREE HUNDRED DOLLARS ($300.00)." AL TERNA TE BOARD MEMBER MOORE COMMENTED, "WE DID." FURTHER DISCUSSION. CHAIRMAN MATISAK SAID, "I WOULD LIKE TO MAKE AN AMENDED MOTION. THAT THE REPEAT VIOLATION BE MODIFIED FROM THREE HUNDRED AND FIFTY DOLLARS ($350.00) PER DAY TO THREE HUNDRED DOLLARS ($300.00) PER DAY. AND THAT THE CODE ENFORCEMENT BOARD AUTHORIZES PUBLIC WORKS DEPARTMENT TO HAVE ACCESS TO THE PROPERTY AND SECURE THE PROPERTY, AT THE DIRECTION OF THE CODE ENFORCEMENT BUREAU - REFER TO ORDER THAT THE CODE ENFORCEMENT BUREAU - COLLECT ALL COSTS ASSOCIATED WITH SUCH ACTIVITY." MOTION BY CHAIRMAN MATISAK. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 18 OF 22 VOTE: (AMENDMENT TO THE MOTION) BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE AL TERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. VOTE: (MOTION AS AMENDED) BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER MOORE: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MA TISAK: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. 502.11 Code Enforcement Bureau - Police Department CASE #07-0014078 124-130 Cory Lane Pyxis Group, LLC. Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - April 24, 2007 Returned "Unclaimed" Inspector - Cathy Davidson This Agenda Item was not brought to the Hearing. 502.12 Code Enforcement Bureau - Police Department CASE #07-0014213 1106 Duncan Drive Anthony Russo Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Proof Of Delivery April 21, 2007 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. "",.;,'''''''''''', ~.:.";'F;;:;'~~JU:iJ.;p' r;r: '-':\I ;.~'i~~7~ ~"~~~,;:g~~ C:~':) dF~'..'t;&1.t't~':j.!t ~~~jjt1~l! e'''''~ ._ .i~I'...J~ l!l"';;~ l]Iall\d~~~ ~,1:A ....,,-'-~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE 190F22 PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 503.1 Code Enforcement Bureau - Police Department CASE #06-0011389 902 Gazelle Trail Ruth A. Parham Section 13-2. (Junk) Date of Service: Certified - Proof Of Delivery April 25, 2007 Inspector - Hecmarette Sims Ms. Cathy Davidson, Code Enforcement Officer, presented this Agenda Item and stated, "This Case was - originally heard before this Board on March 21 S\ 2006. The Board found that Ruth A. Parham was not in Compliance that night and was found 'Guilty'. The Respondent was given seven (7) additional days after notification to correct this Violation. The Board ruled that any and all future reoccurrences of this Violation would be consider a Repeat Offense. 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. Ruth A. Parham was not present at the Hearing. Certified notice of the Code Enforcement Board Order was si{f,ned for on April 6th, 2006. The property was found to be in Violation on April 5t\ 2007, by Inspector Marette Sims, The Violation was corrected and found to be in compliance on April 18th, 2007. We're asking for Finding of Fact and Relief [Order], in the amount of two hundred and fifty dollars ($250.00) per day for thirteen (13) days, per the Board's Order; for a total of three thousand two hundred and fifty dollars ($3,250.00)." Photos were shown of the property. Discussion. Chairman Matisak asked, "Captain Tolleson, is there anybody here to present testimony in this Case?" Captain Tolleson replied, "No, sir." Further discussion. Captain Tolleson commented, "This property was posted again as well as they signed for a certified mail which says that there would be a fine. And yes, the property was posted again as well, as mailed again about tonight's meeting and their opportunity to be heard this evening in front of the Board." CHAIRMAN MATISAK SAID, "I WILL MAKE A MOTION." ~~~~~:~~~;~ &,.;,;r_*l ::;;,..i!llo C:~:~, "."'. .:'t~~"""~ E'''''',~ ~""~. "W."~ "'~."'" - 1Ji""""'''t. ..,""~ c~~;}t": ---== ;---. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15.2007 PAGE 20 OF 22 MOTION TO ENFORCE ORDER FOR NON-COMPLIANCE "THE CITY OF WINTER SPRINGS VERSUS [MS.] RUTH A. PARHAM, CASE NUMBER 06-0011389. 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. [JUNK] 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 WAS NOT PRESENT AT THIS HEARING. 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HA VE PREVENTED THE RESPONDENT FROM COMING INTO COMPLIANCE WITH THE BOARDS ORDER. THEREFORE, I MOVE THA T THE FINE OF THREE THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($3,250.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS FINE RESUME." MOTION BY CHAIRMAN MA TISAK. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE ALTERNATE BOARD MEMBER MOORE: AYE CHAIRMAN MA TISAK: AYE Tape 2/Side A BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Discussion ensued on Inspector Sims first time presenting to which Board Member Pitts commented, "You did a nice job!" Chairman Matisak added, "You did a great job!" ~~;~ ~;~ t;t~=) ~<~~~ ':3;;~ ~~~ -~ ~ ;---.A CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 15,2007 PAGE210F22 REGULAR AGENDA REGULAR Office Of The City Clerk 600.Discuss The Workshop For Code Enforcement Board Members, Special Magistrates, Hearing Officers, And Board Attorneys To Be Held On June 23, 2007. Discussion on the Code Enforcement Conference. "I MOVE THAT THE CHAIRMAN BE APPOINTED TO BE REPRESENTATIVE FOR THIS BOARD, TO ATTEND THAT MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED BY ALTERNATE BOARD MEMBER MOORE. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. Chairman Matisak said, "I do have one (1) Board Member who currently, at this point and time, falls under [Florida Statutes] 162.05 under Attendance. And 1 need to bring that to the Board's attention and we need to take action on that." Chairman Matisak continued, "As of tonight, Alternate Member Laura-Leigh Wood, will have missed two (2) out of three (3) sessions without any excused absence." Discussion ensued on absences and the action that needed to be taken. "I WILL MAKE A MOTION THA T WE SHOULD ASK FOR A NEW AL TERNA TE." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE MOTION CARRIED. ,it..."*~,,,,,,;,,,, ~'h~'!W;;+~ ,~'}" 1!l>r3''';'~~ ~'.k~ ~ s-~ ~..:..- ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- MAY 15,2007 PAGE 22 OF 22 Board Member Pitts asked, "Chairman, who notifies her?" Chairman Matisak replied, "City Clerk will do that and will handle that as with any Board Appointments and removal. " Chairman Matisak suggested, "If you are not going to be here, please call. And it has to be prior to the Meeting." Chairman Matisak continued, "If you have any issues about where you stand at this point, please see the Clerk. She is keeping track of that." ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:42 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2007 Code Enforcement Board Regular Meeting. ~ ~ ~:;;- ~=~ ~~i::: Clum4 tr"~.~ ~,;~.~ -ed ~ ~