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HomeMy WebLinkAbout2007 02 20 Consent 400 Approval of the November 21, 2006 Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 21, 2006 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, November 21, 2006, was called to Order at 7:00 p.m. by Chairman Mathew Matisak, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Mathew Matisak, present Vice Chairman Greg Roero, present Board Member Dick Crenshaw, absent Board Member Alisa Kaufman, absent Board Member James B. Pitts, present Board Member Leah Weisman, present Board Member Jim Wentz, present Alternate Board Member Sherri P. Moore, present Alternate Board Member Laura-Leigh Wood, present For the Record, Board Members Dick Crenshaw and Alisa Kaufman have excused absences from the Meeting. 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 are only going to hear Case Number [Agenda Item] 202.02; 311 South Edgemon Avenue." Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. PUBLIC INPUT No one spoke. ~ f~ <::) ~ Q...; ~ r-:> CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE20F9 AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TIONS 100. Not Used. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 200.1 Not Used. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 201.1 Not Used. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 202.1 Code Enforcement Bureau - Police Department CASE #05-0009443 13 Elkwood Court Angelo Cortez Jr. Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery October 21, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. ~ ~ ~ c..":) cc:: CL.. Q... ::~ ;---. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE 3 OF 9 PUBLIC HEARINGS - NEW CASES 202.2 Code Enforcement Bureau - Police Department CASE #06-0012766 311 South Edgemon Avenue Scott W. Roberts Section 13-2. (Debris) Date Of Service: Certified - Proof Of Delivery October 25, 2006 Inspector - Jose Romero Mr. Jose Romero, Code Enforcement Inspector, Code Enforcement Bureau, Police Department presented this Case and stated, "The property was cited on August 14, 2006 and issued a Notice of Violation Warning. The property failed reinspection August 25, 2006 and September 27,2006. Certified Notice was posted and signed for on October 25, 2006 and given to Mr. Roberts with an additional ten (10) days to correct and instructed to contact an Inspector, Officer Romero, for Compliance Inspection. Has not contacted us to this date for reinspection. Currently, it is not in Compliance. We are asking for a Finding of Fact and Relief [Order] in this Case." Chairman Matisak asked questions for the Record regarding safety issues. Captain Tolleson presented photographs of the property to the Code Enforcement Board Members. Then, Chairman Matisak read Section 13-2. into the Record. Discussion. At the request of Alternate Board Member Laura-Leigh Wood, Inspector Romero read the Citation into the Record. Discussion ensued regarding continuing the Case. FINDING OF FACT "THE CITY OF WINTER SPRINGS VERSUS SCOTT W. ROBERTS, CASE NUMBER 06-0012766. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS - CASE BASED ON THE FOLLOWING: THAT [SCOTT W. ROBERTS] 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. (DEBRIS) OF THE CITY CODE EXISTED. f~~ ~ <:,:) ~ ~ Q~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE 4 OF 9 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 SCOTT W. ROBERTS HAS VIOLATED SECTION 13-2. (DEBRIS) OF THE CITY CODE AND A JUDGMENT OF 'GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: CHAIRMAN MA TISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. Tape lISide B RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS SCOTT W. ROBERTS, CASE NUMBER 06-0012766 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. (DEBRIS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. THE SEVEN (7) DAYS APPLIES TO CLEANING UP THE AREAS IN FRONT OF THE HOUSE FOR THE GARBAGE AND WASTE AND OTHER DEBRIS. ~ ~ ~, C':::) ~ Q...o:ll ~ ~ !:--:) CITY OF WINTER SPRINGS, FLORlDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE50F9 IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, [SCOTT W. ROBERTS], ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THIS BOARD." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS SCOTT W. ROBERTS, CASE NUMBER 06-0012766 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. (DEBRIS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SIXTY (60) DAYS TO DEAL WITH CLEANING UP THE TREES IN HIS YARD 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) PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, [SCOTT W. ROBERTS], ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. t=::a ~ ~ C':) ==: ~ Q..... ,~ ~ .r--:,. CITY OF WINTER SPRINGS, FLORlDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21,2006 PAGE60F9 I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THIS BOARD." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. CHAIRMAN MATISAK STATED, "IN THE MOTION, IT MENTIONED TREES IN HIS YARD. I WOULD LIKE TO MAKE A MOTION TO AMEND - THE DOWNED TREE THAT WAS PRESENTED IN THIS CASE." VICE CHAIRMAN ROERO STATED, "WASN'T THERE OTHER TREES THAT MIGHT BE DOWN TOO?" CHAIRMAN MATISAK SAID, "I THINK THERE WAS ONLY ONE (1) TREE IN THIS PARTICULAR CASE." ADDITIONALLY, CHAIRMAN MATISAK EXPLAINED, "SO THAT HE [RESPONDENT] UNDERSTANDS, THAT EVERYONE UNDERSTANDS, THAT - WHAT NEEDS TO BE DONE IN ORDER TO BE FIXED IS THIS PARTICULAR ITEM THAT WAS PRESENTED TONIGHT." LASTLY, CHAIRMAN MATISAK SAID, "I MAKE A MOTION TO REPLACE TREES IN HIS YARD WITH THE DOWNED TREE THA T WAS PRESENTED IN THIS CASE." AMENDMENT TO THE MOTION BY CHAIRMAN MATISAK. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) ALTERNATE BOARD MEMBER MOORE: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MA TISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN : AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: NAY BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. ~ ~ ~ :~ r;: c:L.e '~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 2 1,2006 PAGE70F9 PUBLIC HEARINGS - NEW CASES 202.3 Code Enforcement Bureau - Police Department CASE #06-0012888 414 South Hawthorne Circle Amy R. Temkin Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery October 26, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.4 Code Enforcement Bureau - Police Department CASE #06-0012912 100 North Fairfax Avenue Steven J. And Cheryl L. Gray Tenant: Ken Elderkin Section 6-195. (Fence In Disrepair) Section 13-2. (Untended Grass And Weeds) Section 12-53. (a)(b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery October 30, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.5 Code Enforcement Bureau - Police Department CASE #06-0013005 214 South Moss Road Theresa M. And Scott A. Mandigo Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Proof Of Delivery October 23, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. c:::. r.......' ;;:::::a.. .c:::> ~ Q... ~ ,-.. CITY OF WINTER SPRINGS, FLORlDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE80F9 PUBLIC HEARINGS - NEW CASES 202.6 Code Enforcement Bureau - Police Department CASE #06-0013005 214 South Moss Road Theresa M. And Scott A. Mandigo Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery October 23, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 Not Used. REGULAR AGENDA REGULAR 300. Not Used. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The October 17,2006 Regular Meeting Minutes. CHAIRMAN MATISAK STATED, "CAN I GET A MOTION TO APPROVE THE OCTOBER 17, 2006 MINUTES?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: CHAIRMAN MATISAK: NAY BOARD MEMBER WENTZ: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN : AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. ~~ ~ ;::.:a.. ~ Cd C3.... s::L.. ~ r---5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21,2006 PAGE 9 OF 9 INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. 600. REPORTS Captain Tolleson noted that the Code Enforcement Class will be held late in December 2006, or in January 2007. There was a Consensus that each Code Enforcement Board Member receive a copy of the list of Violation Fines that was handed out in the previous Code Enforcement Class. Discussion ensued regarding a Non-Conforming Case in Bear Creek Estates. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:08 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK NOTE: These Minutes were approved at the , 2007 Code Enforcement Board Regular Meeting. ~ ~~ ==-- ~ ~ ~ ~ ~ ~ :=;::;;>> CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 21, 2006 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, November 21, 2006, was called to Order at 7:00 p.m. by Chairman Mathew Matisak, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Mathew Matisak, present Vice Chairman Greg Roero, present Board Member Dick Crenshaw, absent Board Member Alisa Kaufman, absent Board Member James B. Pitts, present Board Member Leah Weisman, present Board Member Jim Wentz, present Alternate Board Member Sherri P. Moore, present Alternate Board Member Laura-Leigh Wood, present For the Record, Board Members Dick Crenshaw and Alisa Kaufman have excused absences from the Meeting. 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 are only going to hear Case Number [Agenda Item] 202.02; 311 South Edgemon Avenue." Deputy City Clerk Debbie Franklin swore in those persons who may be providing testimony during the presentation of tonight's cases. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 2 I, 2006 PAGE20F9 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 200.1 Not Used. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 201.1 Not Used. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 202.1 Code Enforcement Bureau - Police Department CASE #05-0009443 13 Elkwood Court Angelo Cortez Jr. Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery October 21, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21,2006 PAGE 3 OF 9 PUBLIC HEARINGS - NEW CASES 202.2 Code Enforcement Bureau - Police Department CASE #06-0012766 311 South Edgemon Avenue Scott W. Roberts Section 13-2. (Debris) Date Of Service: Certified - Proof Of Delivery October 25, 2006 Inspector - Jose Romero Mr. Jose Romero, Code Enforcement Inspector, Code Enforcement Bureau, Police Department presented this Case and stated, "The property was cited on August 14, 2006 and issued a Notice of Violation Warning. The property failed reinspection August 25, 2006 and September 27,2006. Certified Notice was posted and signed for on October 25, 2006 and given to Mr. Roberts with an additional ten (10) days to correct and instructed to contact an Inspector, Officer Romero, for Compliance Inspection. Has not contacted us to this date for reinspection. Currently, it is not in Compliance. We are asking for a Finding of Fact and Relief [Order] in this Case." Chairman Matisak asked questions for the Record regarding safety issues. Captain Tolleson presented photographs of the property to the Code Enforcement Board Members. Then, Chairman Matisak read Section 13-2. into the Record. Discussion. At the request of Alternate Board Member Laura-Leigh Wood, Inspector Romero read the Citation into the Record. Discussion ensued regarding continuing the Case. FINDING OF FACT "THE CITY OF WINTER SPRINGS VERSUS SCOTT W. ROBERTS, CASE NUMBER 06-0012766. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS - CASE BASED ON THE FOLLOWING: THAT [SCOTT W. ROBERTS] 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. (DEBRIS) OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS. FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 2 I. 2006 PAGE 4 OF 9 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 SCOTT W. ROBERTS HAS VIOLATED SECTION 13-2. (DEBRIS) 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 PITTS. DISCUSSION. VOTE: CHAIRMAN MATISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. Tape l/Side B RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS SCOTT W. ROBERTS, CASE NUMBER 06-0012766 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. (DEBRIS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SEVEN (7) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. THE SEVEN (7) DAYS APPLIES TO CLEANING UP THE AREAS IN FRONT OF THE HOUSE FOR THE GARBAGE AND WASTE AND OTHER DEBRIS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE50F9 IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, [SCOTT W. ROBERTS], ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THIS BOARD." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS SCOTT W. ROBERTS, CASE NUMBER 06-0012766 HAVING BEEN FOUND 'GUILTY' FOR VIOLATING SECTION 13-2. (DEBRIS) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN SIXTY (60) DAYS TO DEAL WITH CLEANING UP THE TREES IN HIS YARD 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) PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, [SCOTT W. ROBERTS], ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE FOR A REPEAT VIOLATION WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE 6 OF 9 I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COpy OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIME FRAME SET FORTH BY THIS BOARD." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. CHAIRMAN MATISAK STATED, "IN THE MOTION, IT MENTIONED TREES IN HIS YARD. I WOULD LIKE TO MAKE A MOTION TO AMEND - THE DOWNED TREE THAT WAS PRESENTED IN THIS CASE." VICE CHAIRMAN ROERO STATED, "WASN'T THERE OTHER TREES THAT MIGHT BE DOWN TOO?" CHAIRMAN MATISAK SAID, "I THINK THERE WAS ONLY ONE (1) TREE IN THIS PARTICULAR CASE." ADDITIONALLY, CHAIRMAN MATISAK EXPLAINED, "SO THAT HE [RESPONDENT] UNDERSTANDS, THAT EVERYONE UNDERSTANDS, THAT - WHAT NEEDS TO BE DONE IN ORDER TO BE FIXED IS THIS PARTICULAR ITEM THAT WAS PRESENTED TONIGHT." LASTLY, CHAIRMAN MATISAK SAID, "I MAKE A MOTION TO REPLACE TREES IN HIS YARD WITH THE DOWNED TREE THAT WAS PRESENTED IN THIS CASE." AMENDMENT TO THE MOTION BY CHAIRMAN MATISAK. SECONDED BY VICE CHAIRMAN ROERO. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) ALTERNATE BOARD MEMBER MOORE: AYE VICE CHAIRMAN ROERO: AYE CHAIRMAN MATISAK: AYE ALTERNATE BOARD MEMBER WOOD: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) BOARD MEMBER WENTZ: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: NAY BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE70F9 PUBLIC HEARINGS - NEW CASES 202.3 Code Enforcement Bureau - Police Department CASE #06-0012888 414 South Hawthorne Circle Amy R. Temkin Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery October 26, 2006 Inspector - Jose Romero This Agenda Item was not brought to the Hearing, PUBLIC HEARINGS - NEW CASES 202.4 Code Enforcement Bureau - Police Department CASE #06-0012912 100 North Fairfax Avenue Steven J. And Cheryl L. Gray Tenant: Ken Elderkin Section 6-195. (Fence In Disrepair) Section 13-2. (Untended Grass And Weeds) Section 12-53. (a) (b) (Unlicensed Motor Vehicle) Date Of Service: Certified - Proof Of Delivery October 30, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 202.5 Code Enforcement Bureau - Police Department CASE #06-0013005 214 South Moss Road Theresa M. And Scott A. Mandigo Section 6-195. (Fence In Disrepair) Date Of Service: Certified - Proof Of Delivery October 23, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 21, 2006 PAGE80F9 PUBLIC HEARINGS - NEW CASES 202.6 Code Enforcement Bureau - Police Department CASE #06-0013005 214 South Moss Road Theresa M. And Scott A. Mandigo Section 13-2. (Untended Grass And Weeds) Date Of Service: Certified - Proof Of Delivery October 23, 2006 Inspector - Hecmarette Sims This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS - NON-COMPLIANCE CASES 203.1 Not Used. REGULAR AGENDA REGULAR 300. Not Used. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The October 17, 2006 Regular Meeting Minutes. CHAIRMAN MATISAK STATED, "CAN I GET A MOTION TO APPROVE THE OCTOBER 17, 2006 MINUTES?" "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: CHAIRMAN MATISAK: NAY BOARD MEMBER WENTZ: AYE VICE CHAIRMAN ROERO: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER MOORE: AYE ALTERNATE BOARD MEMBER WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 2 I, 2006 PAGE90F9 INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. 600. REPORTS Captain Tolleson noted that the Code Enforcement Class will be held late in December 2006, or in January 2007. There was a Consensus that each Code Enforcement Board Member receive a copy of the list of Violation Fines that was handed out in the previous Code Enforcement Class. Discussion ensued regarding a Non-Conforming Case in Bear Creek Estates. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:08 p.m. RE 'P,ECTFULLY SUBMITTED: " A LORENZO-LUACES, CMC CITY CLERK NOTE: These Minutes were approved at the February 20, 2007 Code Enforcement Board Regular Meeting.