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HomeMy WebLinkAbout2008 02 19 Consent 200 Approval of the January 15, 2008 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES ' + - CODE ENFORCEMENT BOARD ::'~" REGULAR MEETING ~ '° JANUARY 15, 2008 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, January 15, 2008 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, present Board Member James B. Pitts, present Board Member Gregory Roero, present Board Member Leah Weisman, present Board Member Jim Wentz, absent [Excused] Alternate Board Member Sherri P. Moore, absent [Excused] Alternate Board Member Laura-Leigh Wood, present Note: Regarding the absence of Alternate Board Member Sherri P. Moore, in a persona! coni~ersation hetween Ms. Danielle Harker, Assistant to the Ciry Clerk and Chairman Matisak, there was confirmatiw~ that the absence was `E.rc~~sed'. Chairman Matisak stated for the Record, "Board Member [Jim] Wentz's absence is excused this evening and Alternate Board Member [Laura-Leigh] Wood will be in a Voting capacity this evening." Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Chairman Matisak inquired if there were any "Agenda Changes". Assistant to the City Clerk Danielle Harker replied, "There is one (1) Agenda change -first we'll be hearing Agenda Items - 502.1 and 502.6. The only change is on your Agenda, 502.6 -does not have the correct information. We're actually going to be hearing Case #07-0016335; 618 Pearl Road; Carlos C. and Gladys O. Rivera; Violations of Section 10-26. (No Occupational License) and Section 13-2. (Junk -Outdoor Storage); Posted January 4, 2008; Date of Service: Certified; and the Inspector is Cathy Davidson." Assistant to the City Clerk Harker swore in the Winter Springs Code Enforcement Inspectors who may be providing testimony during the presentation of tonight's cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD k F - REGULARMEETING-JANUARY15, 2008 PAGE 2 OF 21 _ ...,,.w REGULAR AGENDA - TO BE THE FIRST AGENDA ITEMS PER ~;:-~"~" POLICY -' v REGULAR ':~„~ 600. Office Of The City Clerk Election Of Officers. "I WOULD LIKE TO NOMINATE MATT MATISAK TO SERVE AS CHAIR." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. "I WOULD LIKE TO NOMINATE ALISA KAUFMAN (KAMON)." MOTION BY ALTERNATE BOARD MEMBER WOOD. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VICE CHAIRPERSON KAMON ACCEPTED AND THANKED THE BOARD FOR THE NOMINATION. CHAIRMAN MATISAK ACCEPTED THE NOMINATION AND SPOKE TO THE BOARD ON THE REASONS WHY HE WOULD LIKE TO BE RE- ELECTED AS CHAIR. VOTE: (NOMINATION FOR ALISA KAMON) BOARD MEMBER PITTS: NAY ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: NAY CHAIRMAN MATISAK: NAY BOARD MEMBER CRENSHAW: NAY BOARD MEMBER WEISMAN: AYE MOTION DID NOT CARRY. VOTE: (NOMINATION FOR MATHEW MATISAK) ALTERNATE BOARD MEMBER WOOD: NAY VICE CHAIRPERSON KAMON: NAY BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA ~`"" MINUTES ~~~ CODE ENFORCEMENT BOARD ~;,: °`~ ` REGULAR MEETING -JANUARY 15, 2008 '•.'~~ "' "~ PAGE 3 OF 21 `~"~ ~; "I NOMINATE MS. KAMON [TO SERVE AS VICE CHAIRPERSON)." ;;~~~~, MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD ''< ":~~~~ MEMBER PITTS. DISCUSSION. b:~=~ TM ~~~: ; VICE CHAIRPERSON KAMON THANKED THE BOARD FOR THE NOMINATION. VOTE: BUARD MEMBER RUERU: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE MOTION CARRIED. REGULAR 601. Police Department -Code Enforcement Bureau Requests The Board Determine The Acceptable Qualification Of Posting For Calendar Year 2008. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department congratulated Chairman Matisak and Vice Chairperson Karnon for their nominations. Continuing, Captain Tolleson said, "Yes, every year we - do like to post. We post as well as send certified. We post in two (2) locations; one (1) at City Hall and one (1) on the Property. We do this to ensure a proper Notice is taken and Due Process. And it's been an on-going practice and we'd like to continue." Chairman Matisak asked, "What are we currently doing right now -that you did last year that you want to continue doing this year? Specifically what were they again?" Captain Tolleson explained, "Posting at City Hall and the Property and sending certified mail." Chairman Matisak asked, "And those methods need to be Approved by the Board again in order to continue that process in 2008, correct?" Captain Tolleson replied, "The posting, yes, Sir." Chairman Matisak asked, "We have a Motion to -accept the Qualification of Posting, as presented?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 15, 2008 PAGE 4 OF 21 "I WILL MAKE THE MOTION." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR 602. Police Department -Code Enforcement Bureau Requests The Board To Approve The Qualifications Of The Winter Springs Code Enforcement Officers. Captain Tolleson stated, "Captain Glenn Tolleson. I've been with the Winter Springs Police Department for twenty-two (22) years; actively doing Code Enforcement almost all of that. I am certified by the Institute of Government in Florida and the F.A.C.E. (Florida Association of Code Enforcement) in Levels I, II and III and I also am certified as a Code Enforcement Professional in the State of Florida and a Building Inspector." Chairman Matisak said, "At this time I would ask the Board for a Motion to accept the Qualifications for Captain Glenn Tolleson." "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. x~, •a .i:~ns> ~. `, ~s ~~ ~F,Y~.c;~c; ~xten~u.Gij 1,~ ,~ CITY OF WINTER SPRINGS, FLORIDA MINUTES ~'~`" ~--~y°'~~ CODE ENFORCEMENT BOARD ~= REGULAR MEETING-JANUARY 15,2008 ~"` ~'~wa PAGE 5 OF 21 ~...~,-~% ,~ Ms. Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department said, "My name is Cathy Davidson and my title is Code Enforcement l`~I Specialist for the City of Winter Springs. As of January 21, 2008, I'll be here seven (7) ~~;~ years. I'm certified in Levels I, II, and III; also have been Approved for Legal Issue °°°~ Paper. I've completed over one hundred and twenty (120) classroom hours of instruction for all those levels." Chairman Matisak asked, "Do I have a Motion to accept the Qualifications of Cathy Davidson?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Mr. Jose Romero, Code Enforcement Officer, Code Enforcement Bureau, Police Department said, "Good Afternoon, Board. Corporal Jose Romero. I have been with the City of Winter Springs for eighteen (18) years -been to Level I." Chairman Matisak asked, "Can I get a Motion to Approve Officer Romero's Qualifications?" "SO MOVED." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA `~'~. ~, MINUTES ~ 1-`~`"' CODE ENFORCEMENT BOARD " ---=aas m_ __ ._ ,..._ REGULAR MEETING -JANUARY 15, 2008 - ~- PAGE6OF21 ''='* .a Ms. Hecmarette Sims, Code Enforcement Officer, Code Enforcement Bureau, Police F' '°~ Department said, "Good Evening. My name is Hecmarette Sims and I am a Corporal with e the Winter Springs Police Department. I've been with the Department for just over eleven ~~` ~`:;; (11) years. During that time, as part of my Oath of Office, I have been participating in ~ = .: ~., U _. Code Enforcement, but have only been assigned to the Bureau officially since 2006. I've ~~ completed Level I and II through F.A.C.E (Florida Association of Code Enforcement) for the State of Florida." Chairman Matisak asked, "Can I get a Motion to..." "...SO MOVED." MOTION BY ALTERNATE BOARD MEMBER WOOD. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. Discussion. REGULAR 603. Police Department -Code Enforcement Bureau Requests The Board To Re-Adopt The Winter Springs Code Enforcement Board (WSCEB) Policy For Calendar Year 2008, With Any Amendments, If Applicable. Chairman Matisak explained, "There are a couple of further Amendments that I would like to throw out there for the Board to consider and Amend. And this was after some discussions - in review of our Policies and Procedures Manual from the City Attorney who had just some recommendations for us just from a legal perspective. And so I wanted to just put them out there so that we can make those changes in our Policy so we can move forward in 2008 with them. So, the first item was in Item `III. JURISDICTION' where it lists the Board has - it currently it states `the Board has jurisdiction over City Codes'. The statement would read, `The Board has non-exclusive jurisdiction over the Enforcement of City Codes'. So, that would be the first change. So, `The Board has non-exclusive jurisdiction over the Enforcement of City Codes'. CITY OF WINTER SPRINGS, FLORIDA - MINUTES CODE ENFORCEMENT BOARD f' . _ , REGULAR MEETING -JANUARY 15, 2008 `` ".; _' PAGE 7 OF 21 ~,~ -~~ Chairman Matisak continued, "The second item is in Item `D. Attendance', which is on l F,. the third page. And that would be to add number 5 -stating `Members of the Code Board ~ 4 also may be removed for cause as provided under City Code'. Okay, 5., `Members of the r:.-__-,: Code Board also may be removed for cause as provided under City Code'. ~'`;; ~. n__. On page 4 [of 9] section `H. Abstention and Conflict of Interest', it was brought to attention that because - we are appointed Members of the Board and not elected Members of the Board, there is a different branch of Florida regarding how we need to handle Conflicts of Interest which does not allow us to state we have a Conflict and still continue serving in a Case as a Board Member. So, we'd have to Abstain from that Case. So, Section `H. [Abstention and Conflict of Interest]' would need to be re-written. Therefore, at this time, until such time that we do that, I would ask that we strike Section `H. [Abstention and Conflict of Interest' and leave it open for further discussion and place an Agenda Item at our next Meeting to have the discussion of what to place in place of the current text." Discussion. Chairman Matisak continued, "On `IX. HEARINGS' Section 9., both 7. and 9. In 7., `Respondent then has the opportunity to cross-examine'. And then in `9.', at the end of the sentence, new sentence `the Code Inspector has the opportunity to cross-examine'." Further discussion. Continuing, Chairman Matisak added, "Basically there, just so we're stating and it's obvious, everyone does have the right to cross-examine - `A.) Deliberations' on the next page. `3.' striking out is `Guilty/Not Guilty' and replacing the word `have or have not' with `has or has not'. So, basically just grammatical thing because of eliminating is `Guilty/Not Guilty'. It says the same thing it's just not being repetitive. And then on the last page, Item `C. Introduction of Evidence' 2. striking the statement after `The Chairman is responsible for allowing/disallowing each Item into Evidence and by doing so'. So, striking that. So, basically the statement would read, `The Chairman - shall designate each item into Evidence using the evidentiary label described above. The Chairman shall identify the Evidence and its evidentiary label for the Record'. The purpose of this is because since we are aquasi-judicial Board we don't have a procedure as to how we are going to allow or disallow Evidence into - a Case. So, by allowing it in and then basing it on the merits in our decision, that kind of takes the responsibility off the Chairman as saying, `yes, we will allow this in' `no, we won't allow that in. So on and so forth. And then in Item 3., same section striking `for Approval by the Chairman'. So, the statement would read, `It is the responsibility of the presiding Code Officer, Respondent or their representative to submit items into Evidence'. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~ `-"~"~~'~. REGULAR MEETING -JANUARY I5, 2008 ° = ~ _ . PAGE 8 OF 21 E.,: ,.:~~ ~, "`"> Chairman Matisak continued, "Again, these were recommendations that came from the ~ City Attorney from a legal perspective after reviewing our document. I did speak with the City Commission last night on behalf of the Board to first -introduce them to the ~~~`~~ :_v, document and let them know what a reat 'ob I think ever bod was doin . We did eta ~~° *' g J Y Y g g ~.. ~. _, lot of thanks and praise across the Board. There were some questions; obviously this is ~ '',~;~:;-~ something new. We're breaching new areas. But Ithink -everybody is on the same page ` at this point. There were just these minor legal issues that they just wanted to ensure were adjusted before we moved on into 2008." Discussion continued on waiting to Approve the Winter Springs Code Enforcement Board Policy until a later date. Board Member Leah Weisman commented, "We would Vote for it as is as all the changes. And then next month, just change `H. ]Abstention and Conflict of Interestl'." Chairman Matisak stated, "Correct. We will have an Agenda Item specifically to address `H. ]Abstention and Conflict of Interest,]' and what content we think should be in there." Further discussion. Assistant to the City Clerk Harker added, "I do have some grammatical errors that I have changed and -actually the -copy that you're looking at. I've made them; I have my copy that has stated everything that I have changed so I can go through that with you. Or I can give you the old version and the new version and you can look it and make sure I didn't put a comma in a place that I wasn't supposed to. Assistant to the City Clerk Harker continued, "So, however you want to do that -because I did change, just to be consistent, instead of saying `Clerk' or `City Clerk's Department', I changed it to `Clerk of the Board'. So -everything that addresses me says `Clerk of the Board'. And instead of just `Member' I put `Board Member' and that way it's just consistent throughout the document. And there were just a couple of -errors, spaces here, so I just changed that. So, if you feel comfortable with the changes that I have made and want to Approve it, that's fine; or if you want me to show you the difference, it's up to you." "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT THE CODE ENFORCEMENT POLICY FOR CALENDAR YEAR 2008 WITH THE MINOR CHANGES, CHAIRMAN, THAT YOU JUST GAVE US AND THAT THE AGENDA ITEM FOR NEXT MONTH BE TO RE-WRITE `H. (ABSTENTION AND CONFLICT OF INTERESTI "' MOTION BY ALTERNATE BOARD MEMBER WOOD. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 15,2008 PAGE 9 OF 21 BOARD MEMBER CRENSHAW ASKED, "I JUST WOULD LIKE TO SAY THAT THE CHANGES THAT ARE MADE WILL ALSO INCLUDE THE CITY CLERK'S CHANGES SO THAT..." ALTERNATE BOARD MEMBER WOOD ADDED, "...ABSOLUTELY." BOARD MEMBER CRENSAW CONTINUED, "SO THAT - WE HAVE COVERED HER TOO." VOTE: VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. REGULAR 604. Police Department -Code Enforcement Bureau Requests The Board To Re-Adopt The Finding Of Fact And Relief Order Scripts For Calendar Year 2008, With Any Amendments, If Applicable. "I WILL MAKE A MOTION THAT I WILL GO AHEAD AND ACCEPT THE - FINDING OF FACTS AND RELIEF ORDERS SCRIPTS FOR THE CALENDAR YEAR 2008." MOTION BY VICE CHAIRPERSON KAMON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE MOTION CARRIED. INFORMATIONAL AGENDA ~.~ ~ _~' I'; ~; __, ; ~ _.. _. ....~:~ F:.; ".::za :.~ ~';_,. ~. ~~~~~ .._: , ~:, ~:~; ,.~ ®~.~s INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 15,2008 PAGE 10 OF 21 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The December 18, 2007 Regular Meeting Minutes. Chairman Matisak asked, "We have the Approval of the December 18, 2007 Regular Meeting Minutes. Do I have a Motion?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: 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 No Report. Clerk ('~; ,°, ~, ~; ._..,~ ~_ ..., ~?!. .i ..-~Y _._~, ~ : ..~ ~2 ~_..,_ ._:~ ,.., -,~ ~; e- . ::~ REPORTS CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY I5, 2008 PAGE I I OF 21 402. Code Enforcement Chair Chairman Matisak commented that he met with the City Commission during the Regular Meeting on Monday, January 14, 2008 to discuss the Winter Springs Code Enforcement Board Policy. 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 ~~ ~,~ °°;'~ e-_. - -~;- ~~ :..~ ~: ,-. , ., ~~. ... .,~xA ~m~ PUBLIC HEARINGS -REPEAT CASES 501.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 15,2008 PAGE 12 OF 21 PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #07-0015827 405 Boxwood Circle Michael L. And Patricia M. Rice Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -December 29, 2007 -Attempted/Refused Inspector -Jose Romero Assistant to the City Clerk Harker called the Case forward to the Board. Chairman Matisak asked, "Is the Respondent present at this Hearing?" Inspector Romero replied, "I don't think so." Chairman Matisak stated, "Let the Record reflect that the Respondent is not present at this time." Continuing, Chairman Matisak asked, "Who is going to be representing the City in this Case?" Inspector Romero replied, "Inspector Romero." Inspector Romero stated, "The Property was sited on August 25, 2007; issued a Notice of Violation. The Property has failed re-inspection on September 8t1i [2007], October 16`1i [2007] and October 28, 2007. Certified mail was returned and Property was posted on January 4, 2008. Property is still not in Compliance. We are also asking for Finding of Fact and Relief [Order]." Photos were shown of this Property. Chairman Matisak mentioned, "The PowerPoint presentation for this evening -would you like to enter that into Evidence?" Inspector Romero answered, "Yes." Chairman Matisak continued, "The PowerPoint presentation in its entire will be entered in as `WS 1' for this Case." Inspector Romero stated for the Record, "The Property is vacant." Discussion. Inspector Romero remarked, "At two (2) different times there were Notices mailed out to the -Property Owner and they came back to an address on 1309 Sunset Avenue, Clinton, North Carolina. That's where the Property Owner is supposed to reside." Further discussion ensued on mowing the Respondent's lawn. w f ~: ; _.. ,~ f ~~ .~ rr . . ~ -~i ~.~.v~~,_", ~:~n~ Tape I/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES tt~~~~~~>' CODE ENFORCEMENT BOARD E- •-- , REGULAR MEETING-JANUARY15,2008 ~ '" ~" _._.. PAGE 13 OF 21 •~~ r, ;•.~' , "I WOULD LIKE TO MAKE A PAGE 5 MOTION AND THAT THE • RESPONDENT MICHAEL L. AND PATRICIA M. RICE HAS VIOLATED ~ ~`~ ~; :_;'~: SECTION 13-2. OF THE CITY CODE AND I AM REQUESTING THAT THE ~~ CLERK GIVE A FULL READING OF THE MOTION." MOTION BY CHAIRMAN MATISAK. "THE CITY OF WINTER SPRINGS VERSUS MICHAEL L. AND PATRICIA M. RICE, CASE NUMBER 07-0015827. 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 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. 3. 4. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. MICHAEL L. AND MS. PATRICIA M. RICE HAVE VIOLATED SECTION 13-2. (UNTENDED GRASS AND WEEDS) 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 OF THE FINDING OF FACT READ BY ASSISTANT TO THE CITY CLERK HARKER. SECONDED BY VICE CHAIRPERSON KAMON. DISCUSSION. VOTE: BOARD MEMBER PITTS: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA ~y~,; _~.; CODE ENFORCEMENT BOARD G~ "`'a' -.,v.a. REGULAR MEETING-JANUARY 15,2008 „..,. ~^•' ~"""'`~ PAGE 14 OF 21 ~_.R ~''~;°~ ~' ~ -~ ~ra:<:.- :n~ ~.. ~~ ~°°_°,~, Discussion ensued on the Relief Order for this Case and whether or not the City should mow the Property. "WE WILL USE RELIEF ORDER A. GIVE THEM FIVE (5) DAYS -FROM THE DATE THEY RECEIVE IT AND THEN WE WILL PUT AT THE END, IF NON- COMPLIANT AFTER THE FIVE (5) DAYS, WE'LL GIVE THEM TEN (10) ADDITIONAL DAYS AND WE WLL THEN HAVE THE PROPERTY CUT - AFTER THE FINE, THEY WILL ALSO HAVE TO PAY THE -CITY COST FOR THE MOWING AND IT WILL BE PLACED ON A FORM OF A LIEN AGAINST THEIR PROPERTY." MOTION BY BOARD MEMBER CRENSHAW. SECONDED. DISCUSSION. CHAIRMAN MATISAK ASKED, "WHAT'S THE FINE PER DAY?" BOARD MEMBER CRENSHAW ANSWERED, "IT'S FIFTY DOLLARS ($50.00) PER DAY AT THIS POINT." CHAIRMAN MATISAK INQUIRED, "AND FOR A REPEAT?" BOARD MEMBER CRENSHAW EXPLAINED, "ONE HUNDRED [DOLLARS) ($100.00)." DICUSSION CONTINUED ON THE RELIEF ORDER. CAPTAIN TOLLESON EXPLAINED, "WE HAVE TO SET OUT BY PURCHASE ORDER, SO YOUR LOOKING AT ANOTHER THIRTY (30) DAYS ON TOP OF THAT WHICH WOULD FALL BACK, UNDER THAT SCENARIO, TO THE RESPONDENT BECAUSE I CAN'T GET IT DONE THAT QUICK." FURTHER DISCUSSION ENSUED ON MOWING THE PROPERTY. CHAIRMAN MATISAK ASKED, "DO YOU WANT TO REQUEST A FULL READING OF THE MOTION FROM THE CLERK?" BOARD MEMBER CRENSHAW REPLIED, "SURE." RELIEF ORDER: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY I5, 2008 PAGE 15 OF 21 "THE CITY OF WINTER SPRINGS VERSUS MICHAEL L. AND PATRICIA M. RICE, CASE NUMBER 07-0015827 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 FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD. ALSO FIFTEEN (15) DAYS FROM NOTICE, IF THE PROPERTY IS STILL IN NON-COMPLIANCE, THE CODE ENFORCEMENT BUREAU HAS THE AUTHORITY TO ENTER THE PROPERTY AND MOW THE RESPONDENT'S LAWN AS WELL AS CHARGE THE RESPONDENT FOR THE COST OF THE MOWING." FULL READING OF THE RELIEF ORDER WAS READ BY ASSISTANT TO THE CITY CLERK HARKER. VOTE: ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. .' ?'? v :a E" ~.~L -: v~ ~..., CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 15,2008 PAGE I b OF 21 Captain Tolleson stated, "Officer Romero did testify that the Property was posted on January 4, 2008. It was entered into Evidence as well as a PowerPoint. However, the actual Posting of the Property needs to be entered as Winter Springs Evidence Number 2 and placed appropriately in the file." Chairman Matisak replied, "So, let the Record reflect that the Notice of Posting will be added as `WS 2'." PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #07-0016080 54 South Cortez Avenue Marlene S. Solomon Section 20-411., 20-434. (Trailer) Date Of Service: Certified -Proof Of Delivery January 5, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #07-0016161 70 South Edgemon Avenue Thomas M. Riley Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -December 31, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS- NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #07-0016235 408 South Edgemon Avenue Deutsche Bank Trust Co Tr Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified -December 31, 2007 Inspector -Jose Romero 3a ~, r~~,..., r = ~:_~° ~~; _.::a .., ~,..' ` Wiry ~: e.-° This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 15,2008 PAGE 17 OF 21 PUBLIC HEARINGS- NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #07-0016248 313 Montrose Street Rashid H. Jamalabad And Norma I. Mejia Section 20-431., 20-432., 20-434. (Commercial Vehicle) Date Of Service: Certified -Proof Of Delivery December 29, 2007 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS-NEW CASES 502.6 Code Enforcement Bureau -Police Department REPLACED CASE #07-0016199 670 East State Road 434 Mauro And Linda Cassanelli Section 16-87. (Banner Sign) Date Of Service: Certified -November 30, 2007 Inspector - Hecmarette Sims Tenant: Leonard J. Cassanelli Note: This .Agenda lle~n was replaced wide the one below. For more infw~mation, see comments by the Clerk of the Board on Page !. PUBLIC HEARINGS-NEW CASES 502.6 Code Enforcement Bureau -Police Department ADD-ON/ REPLACED CASE #07-0016335 618 Pearl Road Carlos C. And Gladys O. Rivera Section 10-26. (No Occupational License) Section 13-2. (Junk -Outdoor Storage) Date Of Service: Certified Inspector -Cathy Davidson Ms. Harker called the Case forward to the Board. Chairman Matisak asked, "Is the Respondent present at this Hearing?" Mr. Carlos Cruz, 618 Pearl Road, Winter Springs, Florida: stated his name for the Record. . ,.t -,. a g,: ~. ~ ~~~:. _. ~.> r..~~,.. g~, v,:s_ ~rsw~' Ms. Yolanda Cruz, 1232 North Timberland Trail, Altamonte Springs, Florida: stated her name for the Record and informed the Board that she would be Mr. Cruz's translator. CITY OF WINTER SPRINGS, FLORIDA MINUTES ~' CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY I5, 2008 „' PAGE 18 OF 2 I Assistant to the City Clerk Harker swore in those persons who would be providing d: °~~'. ; testimony during the presentation of tonight's cases. ~~ - - ~,,-:... ~<ti, Chairman Matisak asked Mr. Cruz, "Do you wish to contest the charges this evening?" F;`~~.:~_.~~' Mr. Cruz stated, "No charge." ` °~ °"`" Chairman Matisak asked, "Who is representing the City in this Case?" Inspector Davidson replied, "I am; Inspector Davidson." Chairman Matisak asked, "Who will be representing the Respondent in this Case?" Chairman Matisak continued, "Mr. Cruz, will you be representing yourself this evening?" Mr. Cruz answered, "Yes." Inspector Davidson stated, "This Property was sited October 31, 2007 and failed re- inspection on November 27, 2007 and again on December 14, 2007. This Property was also sited on May 1 S` [2007] and June 12, 2007; again on June 2, 2006 and August 19, 2006; February 11, 2005; February 9, 2004; September 4, 2003 and September 14, 2004. Certified mail was returned and the Property was posted on January 4`h, and it should say `2008'. The Property is now in Compliance and we are asking for Finding of Fact and Relief [Order]." Next, Chairman Matisak asked, "Inspector Davidson, do you wish to enter -this PowerPoint into Evidence?" Inspector Davidson replied, "Yes, I would." Chairman Matisak stated, "So noted. It will be entered in as `WS I'. Do you have Notice for this Case for the Respondent?" Inspector Davidson replied, "I do and this would be `WS 2'. It's the Affidavit of Posting." Chairman Matisak commented, "Posting has been submitted. It will be designated as `WS 2' for the Record." Inspector Davison stated for the Record, "I'd like to say that the Respondent's last name is Rivera. Carlos C. and Gladys O. Rivera is what the Notice of Violation says. And this is Carlos Rivera and this is his daughter." Chairman Matisak asked, "Mr. Cruz, did you wish to cross-examine or have any questions for Inspector Davidson at this point, before we move forward?" Mr. Cruz replied, "No." Photographs were shown of this Property. Regarding the Property, Inspector Davidson stated, "It's now in Compliance." Chairman Matisak inquired, "It is currently in Compliance?" Inspector Davidson reiterated, "Currently in Compliance." Chairman Matisak asked, "Is it Cruz or Rivera?" Ms. Cruz answered, "He's Carlos Cruz- Rivera." Chairman Matisak asked, "Is it formally Mr. Rivera or Mr. Cruz?" Ms. Cruz replied, "Mr. Cruz." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 15,2008 PAGE 19 OF 21 Next, Chairman Matisak inquired, "Do you wish to cross-examine?" Ms. Cruz replied, "No." Board Member Pitts asked, "You listed a number of times that this Property has been in Violation of City Code. In each Case, did they come into Compliance and is that why they have never been before this Board?" Inspector Davidson replied, "Yes. Each Case they did after they received Notice or Official Notice of Code Violation or Notice to Appear before the Board." Board Member Pitts reiterated, "So, in each Case, they did come into Compliance?" Inspector Davidson stated, "Yes." Ms. Cruz commented on behalf of Mr. Cruz, "One thing he did mention is that he has complied with the clean-up, the stuff that is showing on the pictures." Discussion. Chairman Matisak asked regarding the items in the photos, "So that has all been removed, that is what you are saying?" Mr. Cruz responded, "Yes." Vice Chairperson Kamon asked, "I just want to ask, do you plan in the future to keep that area clean for now on?" Ms. Cruzreplied, "Yes." Mr. Cruz said, "It's already clean." Further discussion. "I WOULD LIKE TO MAKE THE MOTION WHERE THE VIOLATION HAS FOUND TO HAVE OCCURRED AND CORRECTED AS OF THIS HEARING - AND BACIALLY STATING THAT CARLOS CRUZ RIVERA AND GLADYS O. RIVERA HAVE BEEN FOUND GUILTY, BUT IT IS CORRECTED AS OF THIS HEARING. IT DID LAST FOR SEVERAL DAYS, BUT THEY ARE CURRENTLY IN COMPLIANCE. AND THAT IF THEY DO VIOLATE SECTIONS - 13-2. THAT IT WILL BE A FIFTY DOLLAR ($50.00) PER DAY VIOLATION. THAT IS MY MOTION. I WOULD LIKE A FULL READING, PLEASE BY THE CLERK." MOTION BY VICE CHAIRPERSON KAMON. "THE CITY OF WINTER SPRINGS VERSUS CARLOS CRUZ-RIVERA AND GLADYS O. RIVERA, CASE NUMBER 07-0016335. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MR. CARLOS CRUZ-RIVERA REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: :.~az. ~ sl '% er~tia~srRZ~y i Z ' W~.l}S:~'~.i~ ,._~~ ~; ,>,~:~ .a: ~s~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JANUARY 15, 2008 PAGE 20 OF 21 FINDING OF FA CT: 1. 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. (JUNK -OUTDOOR STORAGE) OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. 3. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY FOR SEVERAL DAYS, BUT HAS SINCE BEEN CORRECTED. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MR. CARLOS CRUZ- RIVERA AND MS. GLADYS O. RIVERA HAVE VIOLATED SECTION 13-Z. (JUNK -OUTDOOR STORAGE) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD, AND THAT THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENT IS HEREBY NOTIFIED THAT ANY FUTURE VIOLATIONS OF SECTIONS 13-2. (JUNK - OUTDOOR STORAGE) OF THE CITY CODE WILL BE CONSIDERED A REPEAT VIOLATION. IF A REPEAT VIOLATION IS FOUND TO EXIST, A FINE WILL BE IMPOSED IN THE AMOUNT OF FIFTY DOLLARS ($50.00) PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND TO EXIST. AS THE RESPONDENT IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." FULL READING OF THE FINDING OF FACT WAS READ BY ASSISTANT TO THE CITY CLERK HARKER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRMAN MATISAK: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER PITTS: AYE ALTERNATE BOARD MEMBER WOOD: AYE VICE CHAIRPERSON KAMON: AYE MOTION CARRIED. r:,>::.,,. a ;~.~~ ,~ , „~ r. _ I;. =~ ~. ~. ~,_ g- n . _:,~ CITY OF WINTER SPRINGS, FLORIDA t,- n:. s.:- MINUTES ~ CODE ENFORCEMENT BOARD h ~~• .~~~ REGULAR MEETING -JANUARY 15, 2008 ~'` _ _ PAGE 21 OF 21 --, I :~ Chairman Matisak asked Mr. Cruz, "Do you understand the -Verdict of the Board this evening?" Mr. Cruz and Ms. Cruz nodded in affirmation. .- ~~;:: + ~p_ ::: Discussion. ~~~•-~ Board Member Pitts asked, "If we have Cases -there were only one (1) set of Respondents here, why could not we reverse the order and let the Respondents Case be heard first`?" Board Member Pitts continued, "Do you have a problem with that Captain Tolleson?" Captain Tolleson answered, "No, I don't." Further discussion ensued on the order in which to hear the Agenda. Board Member Pitts stated for the Record what an excellent job Assistant to the City Clerk Harker did in tonight's Meeting. Alternate Board Member Wood was in agreement. Chairman Matisak stated, "The Clerk did a fabulous job in doing that. It was very well done. And thank you -very much." PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.1 Not Used. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:35 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2008 Code Enforcement Board Regular Meeting.