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HomeMy WebLinkAbout2008 09 16 Consent 200 Approval of the August 27, 2008 Rescheduled Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) CALL TO ORDER The Code Enforcement Board Regular Meeting of Wednesday, August 27, 2008 (Rescheduled from August 19, 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 Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Dale Kirby, present Board Member Gregory Roero, present Board Member Leah Weisman, present Board Member Laura-Leigh Wood, present Alternate Board Member Carole Giltz, present Alternate Board Member Hugh Fisher, present Next, Chairman Matisak led the Invocation and Pledge of Allegiance. Continuing, Chairman Matisak inquired if there were any "Agenda Changes". Deputy City Clerk Danielle Harker replied, "Yes, Sir. Tonight we will be hearing Agenda Item 502.3 and Agenda Item 502.5." Deputy City Clerk Harker swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of tonight's Cases. Chairman Matisak welcomed new Board Members Carole Giltz and Hugh Fisher. INFORMATIONAL AGENDA A w Q~ Qi ~: iT '~ INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 2 OF l6 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The June 17, 2008 Regular Meeting Minutes. Chairman Matisak asked, "Can I get a Motion to Approve the June 17'h [2008] Regular - Meeting Minutes?" "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER WOOD. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Code Enforcement Bureau Captain Glenn Tolleson, Code Enforcement Bureau, Police Department, remarked that the Police Department went through an Assessment by the Commission of Law Enforcement Agency and that the Police Department would be getting reaccredited. Chairman Matisak stated, "Congratulations." Next, Captain Tolleson commented on calls being received regarding pop-up canopies. Continuing, Captain Tolleson spoke on mowing lawns and Stagnant Pools. A w ~_ %_ Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 3 OF l6 REPORTS 401. Office Of The Citv Clerk Deputy City Clerk Harker passed out the latest `City of Winter Springs Code Enforcement Board Policy and Procedures Manual' to the Board. Next, Deputy City Clerk Harker handed out two (2) City Attorney Opinions and briefly addressed the Sunshine Law. Lastly, Deputy City Harker mentioned to the Board that she had become a Member of the Florida Association of Code Enforcement (FACE); noted that she had received a flyer entitled `Florida Association of Code Enforcement Examination Registration Form'; and that she would be keeping the Board apprised on any information that she received. REPORTS 402. Code Enforcement Chair No Report. REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members Board Member Laura-Leigh Wood asked Chairman Matisak, "When I went to the last City Commissioners Meeting -they spoke very briefly about expediting the Code Enforcement Cases." Chairman Matisak explained, "The Board did ask that I speak to the Commission. I did do that. And, I guess, really the final verdict is if it is necessary, than we will do it; and that will be determined by Captain Tolleson and his -group." Chairman Matisak continued, "But as of right now, the status quo is monthly Meetings until further notice." Discussion ensued on this issue. PUBLIC INPUT w _~ Qi ~~ No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES ~~~ CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 !~ (RESCHEDULED FROM AUGUST 19, 2008) PAGE 4 OF 16 ~~, PUBLIC HEARINGS AGENDA -CONTINUED CASES ^- PUBLIC HEARINGS-CONTINUED CASES 500.1 Not Used. '' PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC H EARINGS -REPEAT CASES 501.1 Not Used. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES -- 502.1 Code Enforcement Bureau -Police Department CASE #08-0017411 520 San Gabriel Court Debra L. Hennen Section 20-431., 20-432., 20-434. (Commercial Vehicle) Date Of Service: Certified -Proof Of Delivery August 5, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #08-0017662 393 Panama Circle Gina R. And Neville F. Martin Section 6-195. (Fence In Disrepair) Section 13-2. (Trash And Debris) Date Of Service: Certified -Proof Of Delivery August 4, 2008 r -Jose Romero This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 5 OF 16 PUBLIC HEARINGS-NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #08-0017862 1202 Royal Oak Drive Federal National Mortgage Association Section 13-2. (Stagnant Pool) Date Of Service: Certified -Proof Of Delivery August 11, 2008 Inspector -Cathy Davidson Deputy City Clerk Harker called the Case forward to the Board. Chairman Matisak asked, "Is the Respondent present for this Hearing? Seeing none." Continuing, Chairman Matisak inquired, "Who is going to be presenting on behalf of the City this evening?" Inspector Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department, replied, "I am, Cathy Davidson." Inspector Davidson continued, "A Notice of Code Violation was issued on May 5`I', 2008; on May 6`I', 2008 - we informed the Health Department regarding the Stagnant Pool. The Property was Re-Inspected on May 9`I', 2008; June 27`1', 2008; and July 31 S`, 2008; and failed Inspection on these dates. And we are asking for Finding of Fact and Relief [Order]." Chairman Matisak asked, "Do you want to go ahead and enter this PowerPoint into Evidence?" Inspector Davidson replied, "Yes, I do." Chairman Matisak continued, "Okay, we will go ahead and enter in the PowerPoint and its photographs as `WS 1'. You have Method of Service?" Inspector Davidson responded, "Certified Mail and Posting; both." Chairman Matisak stated, "Certified Mail - we will go ahead and enter that in as `WS 2'." Inspector Davidson noted, "This Property is now owned by the Bank. I've had no contact with the Bank regarding this Property." Photographs of this property were shown. Regarding the condition of the Stagnant Pool, Inspector Davison continued, "It's been like this for many months." Chairman Matisak asked, "How did you receive word of this situation?" Inspector Davidson replied, "This was an anonymous complaint; it was also from the HOA (Homeowner's Association) President; next-door neighbor -all complaints -for this one (1) Property." Chairman Matisak inquired, "At each time or just the initial -call?" Inspector Davidson responded, "The initial call was anonymous complaint." Inspector Davidson continued, "The next call was the next door neighbor and then after that was the HOA (Homeowner's Association) President and the neighbor again." A ~~ ~Z~ iZ ''~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~-~ REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 6 OF 16 `_~ Chairman Matisak asked, "Did you take the picture?" Inspector Davidson replied, "I did. ~ This Property abuts the golf course. I'm actually behind on the golf course taking - I mean, it's open; it's enclosed, but you can see it from the golf course." ~ Captain Tolleson stated, "The Registered/Certified Mail for the Warning was sent to the ~~ Bank and they have received it." Discussion continued. Chairman Matisak stated, "Let the Record reflect the Respondent is not present to give Testimony to the Board." Continuing, Chairman Matisak asked Inspector Davidson, "This has not been fixed as of today, correct?" Inspector Davidson replied, "No. It's still in Non-Compliance." Further discussion. Captain Tolleson stated, "This one is actually very secure. They've actually padlocked the door shut on the screen enclosure. Basically, this one is starting to smell -and we're asking for the Board's help in this particular matter to put more pressure onto the Bank to get us someone to talk to." Chairman Matisak asked, "At this point in time, is -the pool in Violation of Code?" Captain Tolleson replied, "Yes." Chairman Matisak continued, "Based on its stagnant nature, correct?" Captain Tolleson responded, "That's correct. Chairman Matisak clarified, "So, irregardless of whether the fence - if it is enclosed or if it's got all it's panels in, that is irrelevant, correct?" Captain Tolleson stated, "That's correct." "I WILL MAKE A MOTION FOR -PAGE 5 FINDING OF FACT AND I WOULD LIKE TO GET A FULL READING FROM THE CLERK, PLEASE." MOTION BY CHAIRMAN MATISAK. "THE CITY OF WINTER SPRINGS VERSUS FEDERAL NATIONAL MORTGAGE ASSOCIATION, CASE NUMBER 08-0017862. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: FINDING OF FA CT.• THAT THE RESPONDENTS WERE 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~~ REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) ~~ PAGE 7 OF 16 C, 1. THE RESPONDENTS WERE PROVIDED NOTICE OF THIS HEARING n~ AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES n AND THE RESPONDENTS WERE NOT PRESENT AT THIS HEARING. .~ i1': 2. THE RESPONDENTS WERE PROVIDED A REASONABLE TIME TO %_ CORRECT THE VIOLATION. 3. THE RESPONDENTS 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION HAS VIOLATED SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING DONE BY DEPUTY CITY CLERK HARKER. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. Much discussion ensued on the Relief Order for this Case. Board Member Dick Crenshaw asked, "How long since the Ownership has switched from the Homeowner then the Bank has taken over?" Captain Tolleson replied, "It was actually Recorded into the Seminole County Clerk's Office May the 22"d of this year." Much discussion. "I WOULD LIKE TO MAKE A MOTION ON THE TWO FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED [DOLLARS] ($500.00) MAX." MOTION BY BOARD MEMBER WOOD. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~~ REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 8 OF 16 CHAIRMAN MATISAK REITERATED, "OKAY, FIVE (5) DAYS?" BOARD ~~ MEMBER WOOD REPLIED, "FIVE (5) DAYS, PLEASE." CHAIRMAN MATISAK ASKED, "ALRIGHT, DO YOU WANT TO GET A FULL READING FROM THE CLERK?" BOARD MEMBER WOOD RESPONDED, "MAY I .~ PLEASE HAVE A FULL READING FROM YOU, DANIELLE (HARKER)?" DEPUTY CITY CLERK HARKER ASKED, "I DON'T KNOW IF YOU WANTED ME TO SPECIFY THAT IN THE MOTION `FIVE (5) BUSINESS DAYS' OR JUST LEAVE IT AT `FIVE (5) DAYS'?" BOARD MEMBER WOOD CLARIFIED, "I SAID `FIVE (5) BUSINESS DAYS'." "THE CITY OF WINTER SPRINGS VERSUS FEDERAL NATIONAL MORTGAGE ASSOCIATION, CASE NUMBER 08-0017862. HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) BUSINESS DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. IF THE RESPONDENTS FAIL 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 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 FIVE HUNDRED DOLLARS ($500.00) PER DAY BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENTS FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD." FULL READING DONE BY DEPUTY CITY CLERK HARKER. SECONDED BY BOARD MEMBER KIRBY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 9 OF 16 CHAIRMAN MATISAK ASKED CAPTAIN TOLLESON, "ANY ADMINISTRATIVE FEES, THINGS OF THAT NATURE, WILL THAT ALSO BE ADDED INTO THIS, AND IF SO, DOES THE BOARD NEED TO ADD THAT TO THEIR ORDER?" CAPTAIN TOLLESON REPLIED, "YES, SIR, YOU WOULD HAVE TO ADD THAT TO YOUR ORDER AND THAT HAS NOT BEEN ASSIGNED - TO THIS PARTICULAR CASE. ACTUALLY NONE OF THE CASES TONIGHT DO. WITH TIMING, WE DID NOT PUT ADMINISTRATIVE FEES IN THERE." CHAIRMAN MATISAK ASKED, "IS THE CITY LOOKING FOR ADMINISTRATIVE FEES?" CAPTAIN TOLLESON REPLIED, "NOT IN THESE TWO (2). YOU WILL SEE THEM, HOWEVER, IN THE FUTURE." MUCH DISCUSSION ENSUED ON THE FINES FOR THIS CASE. VICE CHAIRMAN PITTS STATED, "HAVE IT REASSESSED FOR A HUNDRED DOLLARS ($100.00) A DAY FOR THE FIRST TEN (10) DAYS AFTER THE FIVE (5) DAY PERIOD OF NOTIFICATION AND -INCREASING IT TO TWO FIFTY [DOLLARS] ($250.00) UNTIL THE VIOLATION IS - SATISFIED." CHAIRMAN MATISAK STATED, "YOU CAN DO AN AMENDMENT TO THE MOTION IF YOU WANT." "SO BE IT." AMENDMENT TO THE MOTION BY VICE CHAIRMAN PITTS. CHAIRMAN MATISAK REITERATED, "SO WE HAVE AN AMENDMENT BY VICE CHAIRMAN PITTS FOR -FIVE (5) DAYS FOR COMPLIANCE. THAN IT IS ONE HUNDRED DOLLARS ($100.00) PER DAY FOR THE FOLLOWING TEN (10) DAYS, WHICH WILL TAKE US TO DAY FIFTEEN (15). AND THEN 5UBSEQUENTIALLY AFTER DAY FIFTEEN (15) IT WOULD BE TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY UNTIL COMPLIANCE IS ACHIEVED. AND I ASSUME..." Tape 1/Side B CHAIRMAN MATISAK CONTINUED, "...FIVE HUNDRED DOLLARS ($500.00) FOR REPEAT FROM DAY ONE (1)?" VICE CHAIRMAN PITTS REPLIED, "YES." CHAIRMAN MATISAK SAID, "SO, THAT IS THE AMENDING MOTION. DO I HAVE A SECOND?" AMENDMENT TO THE MOTION DIED FOR A LACK OF A SECOND. A w Q~ ~~ '~ .-- ~ MUCH DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE I O OF 16 CHAIRMAN MATISAK REITERATED, "IT IS AT TWO FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED [DOLLARS] ($500.00) -FIVE (5) DAYS FOR COMPLIANCE." VOTE: BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: NAY BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #08-0018100 721 Wilson Road Phyllis K. Lentz Section 6-46. (No Building Permit) Date Of Service: Certified -Proof Of Delivery August 5, 2008 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #08-0018400 707 Lancewood Drive Janet Hardison And Melissa Hughes Section 13-2. (Stagnant Pool) Date Of Service: Certified -August 1, 2008 Inspector -Cathy Davidson Deputy City Clerk Harker called the Case forward to the Board. Chairman Matisak asked, "Is the Respondent present for this Hearing? Let the Record reflect that the Respondent is not present." A w 0 Q.. Chairman Matisak asked, "Who will be presenting on behalf of the City?" Inspector Davidson stated, "Myself. Inspector Davidson." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 1 l OF 16 Next, Chairman Matisak asked, "Do you have any items that you wish to enter into Evidence?" Inspector Davidson replied, "I do -the Posting and Certified Mail and also, the PowerPoint." Chairman Matisak stated, "The PowerPoint and its photographs will be entered in as `WS 1'. We have an Affidavit of Posting which will be entered in as `WS 2' „ Inspector Davidson stated, "They have a new mailing address - on the bottom you'll see the date, I think it's -August the 261" [2008]." Chairman Matisak said, "Okay, this is a printout from the Seminole County Property Appraisers Office dated 8-26-08, stating all the specifics about the Property. Is that correct?" Inspector Davidson replied, "Yes." Chairman Matisak stated, "It will be entered in as Evidence as `WS 3'." Inspector Davidson said, "The Certified Receipt is for both Owners; there's two (2) Owners of this Property -these show where both Owners accepted Notice and signed for it." Chairman Matisak commented, "So, you have two (2) for Melissa Hughes -and when I say two (2), it is Certified Mail." Inspector Davidson replied, "Yes." Chairman Matisak continued, "We will go ahead and label those as `WS 4' and `WS 5' Certified Mail - `WS 4' is dated 7/7[08]; `WS 5' dated 8/21 [08] for Melissa Hughes. And Certified Mail for Janet Hardison dated 7/2[08] will be entered in as - `WS 6"' Discussion continued. Regarding the Certified Receipts, Chairman Matisak said, "These are all listed as 707 Lancewood [Drive]." Inspector Davidson replied, "Yes." Inspector Davidson said, "This Property was cited on June 171", 2008 and issued a Notice of Violation. The Health Department was contacted on the same day. Certified Mail was accepted and signed on August the 21 S`, 2008 and the Property was Posted on August the 16`", 2008. The Property is still in Non-Compliance and we are asking for Finding of Fact and Relief [Order]." Photographs of this Property were shown. Inspector Davidson stated, "I first got this complaint as a neighbor complaint and when I arrived, you could actually smell the pool from the mailbox- it's behind an enclosed fence, but the -smell is atrocious. It is an empty Property and all the research I've done on this Property, they are still the legal Owners." Chairman Matisak clarified, "Janet Hardison and Melissa Hughes, correct?" Inspector Davidson replied, "Yes." Inspector Davidson continued, "Ignore the grass; it's on our mow list." Brief discussion. Chairman Matisak asked Inspector Davidson, "Did you take this photograph that we are seeing?" Inspector Davidson replied, "I did." Chairman Matisak asked, "Where did you take this photograph from?" Inspector Davidson responded, "Inside the Property." Q ~~ CS ~~ ~~ "~ it `- Discussion continued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 12 OF 16 Chairman Matisak asked, "Is the Property abandoned?" Inspector Davidson testified, "It is." Chairman Matisak continued, "And what led you to believe that the Property is abandoned?" Inspector Davidson replied, "My first Evidence was the postal delivery person said that they no longer lived there; and then the neighbor told me they moved out." Chairman Matisak said, "And also, I guess, I take it the missing electrical box?" Inspector Davidson noted, "Yes." Inspector Davidson stated, "And also on the Property, all the windows are broken out to this Property -when you enter the back of it." Further discussion. Captain Tolleson stated, "This is strictly health/safety issue with the smell." Next, Captain Tolleson stated, "There are no other legal actions that have been filed as of today - I actually was with Cathy (Davidson) today, we both were trying to see if there was anything else out there and -there's not." Brief discussion. Regarding the Respondents having two (2) Properties, Captain Tolleson explained, "They currently own both Properties." Chairman Matisak said, "The City is asking for a Finding of Fact first, which is also page 5. Do we have a Motion?" "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. CHAIRMAN MATI5AK SAID, "WE HAVE A PAGE 5 MOTION BY VICE CHAIRMAN PITTS. VICE CHAIRMAN, DO YOU WANT A FULL READING FROM THE CLERK?" VICE CHAIRMAN PITTS REPLIED, "YES, PLEASE." "THE CITY OF WINTER SPRINGS VERSUS JANET HARDISON AND MELISSA HUGHES, CASE NUMBER 08-0018400. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HER CASE BASED ON THE FOLLOWING: FINDING OF FACT: THAT THE RESPONDENTS WERE PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE C[TY CODE THAT A VIOLATION OF SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE EXISTED. ~7 ~1.,~ Q~ ~; ice: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~.r~ REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 13 OF I6 1. THE RESPONDENTS WERE PROVIDED NOTICE OF THIS HEARING Q AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES ~i AND THE RESPONDENTS WERE NOT PRESENT AT THIS HEARING. i 2. THE RESPONDENTS WERE PROVIDED A REASONABLE TIME TO i~ CORRECT THE VIOLATION. 3. THE RESPONDENTS 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 JANET HARDISON AND MELISSA HUGHES HAVE VIOLATED SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING DONE BY DEPUTY CITY CLERK HARKER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE MOTION CARRIED. Much discussion ensued on the Relief Order for this Case. Chairman Matisak said, "We have five (5) business days for Compliance; two hundred and fifty dollars ($250.00) per day and tive hundred dollars ($500.00) per day for a Repeat. And the City is asking for -page 11 Relief Order `A'. Do I have a Motion?" "I WILL - MAKE A MOTION." MOTION BY BOARD MEMBER CRENSHAW. CHAIRMAN MATISAK ASKED, "DO YOU WANT A FULL READING FROM THE CLERK?" BOARD MEMBER CRENSHAW REPLIED, "YES. WITH THE TWO FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED [DOLLARS) ($500.00); FIVE (5) BUSINESS DAYS." CITY OF WINTER SPRINGS, FLORIDA MINUTES ~_ CODE ENFORCEMENT BOARD REGULARMEETING-AUGUST27,2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 14 OF 16 "THE CITY OF WINTER SPRINGS VERSUS JANET HARDISON AND ~~ MELISSA HUGHES, CASE NUMBER 08-0018400. HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENTS BE GIVEN FIVE (5) BUSINESS DAYS AFTER NOTIFICATION TO CORRECT THE VIOLATION OF THE CITY CODE. IF THE RESPONDENTS FAIL 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 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 FIVE HUNDRED DOLLARS ($500.00) PER DAY BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENTS FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD." FULL READING DONE BY DEPUTY CITY CLERK HARKER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER WOOD: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED CITY OF WINTER SPRINGS, FLORIDA MINUTES ~~'~ CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 27, 2008 (RESCHEDULED FROM AUGUST 19, 2008) PAGE 15 OF 16 ~;,_ Captain Tolleson said, "I would just ask that the Record reflect both addresses be Noticed ~ due to the fact that there -are Respondents are now at a different address as well as the p..i Property on Lancewood [Drive]." Chairman Matisak asked "How was the other Property Noticed? You are referring to the Deltona Property?" Captain Tolleson replied, "Correct; that it be mailed to both." Captain Tolleson continued, "And this needs to be mailed as well. When we do that Notice, we're going to Notice both." No objections were noted. PUBLIC HEARINGS- NEW CASES 502.6 Code Enforcement Bureau -Police Department CASE #08-0018410 602 Fruitwood Avenue Patrick L. And Ashley A. Meyer Section 13-2. (Trash And Debris) Date Of Service: Certified -Proof Of Delivery August 2, 2008 Inspector -James Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.7 Code Enforcement Bureau -Police Department CASE #08-0018662 1051 South Elk Court Rachael L. Lewis Section 13-2. (Stagnant Pool) Date Of Service: Certified -Returned "Unclaimed" August 7, 2008 Inspector -James Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS- NON-COMPLIANCE CASES 503.1 Code Enforcement Bureau -Police Department CASE #07-0017639 852 Little Fawn Court Leo A. And Christine Lynn Section 13-2. (Stagnant Pool) Date Of Service: Certified -Returned "Unclaimed" August 3, 2008 Inspector -Cathy Davidson This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ~~ REGULAR MEETING -AUGUST 27, 2008 s....~ " (RESCHEDULED FROM AUGUST 19, 2008) ~ PAGE l6 OF 16 REGULAR AGENDA REGULAR 600. Not Used. Discussion ensued on mowing Respondent's Properties. Vice Chairman James B. Pitts asked that an updated version of the Code Enforcement Memberlist be given to the Board at the September 2008 Meeting. Deputy City Clerk Harker noted that an updated Memberlist would be given at next month's Meeting. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 8:27 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER DEPUTY CITY CLERK NOTE: These Minutes were approved at the Code Enforcement Board Regular Meeting.