Loading...
HomeMy WebLinkAbout2008 10 21 Consent 200 Approval of the September 16, 2008 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 16, 2008 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, September 16, 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, absent [Excused] Alternate Board Member Carole Giltz, present Alternate Board Member Hugh Fisher, present Chairman Matisak stated for the Record, "Board Member [Laura-Leigh] Wood's absence this evening is Excused. She's out of town. Therefore, first Alternate Board Member Carole Giltz will be in a Voting capacity this evening." 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 503.1. And that is it." 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. INFORMATIONAL AGENDA ~a _Q .. ~ Q~ i2~ ."' INFORMATIONAL 100. Not Used. CONSENT AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 PAGE 2 OF 9 CONSENT 200. Office Of The City Clerk Approval Of The August 27, 2008 Regular Meeting Minutes. Chairman Matisak asked, "Approval of the August 27th [2008] Regular Meeting Minutes. Do I have a Motion?" "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER GILTZ: 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 offered the Board the option to meet at the Police Department in the event that the Chambers were reserved for a City Commission Meeting. Chairman Matisak said, "One issue we do have it in our Policy and Procedures Manual that it takes place here. So, I think from a procedural standpoint - we would need to Amend that. I would -think it would probably be in our best interest if we can add this next month to the Agenda - [Regular] `600', so that it is formally set there." Captain Tolleson recommended, "And with that, I wouldn't name that secondary location specifically. Just that it will be at an alternate location." A ~~ ~•.~ `~ CITY OF WINTER SPRINGS, FLORIDA MINUTES ~~ CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 PAGE 3 OF 9 Next, Chairman Matisak asked, "Do we have Consensus to do that? Any opposed?" No Q~ objections were noted. Qi '~ REPORTS 401. Office Of The Citv Clerk Deputy City Clerk Harker mentioned to the Board that she would email them the updated Code Enforcement Board Memberlist tomorrow. REPORTS 402. Code Enforcement Chair No Report. 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 PUBLIC HEARINGS -REPEAT CASES 501.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 PAGE 4 OF 9 PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #08-0017418 701 Sailfish Road Marcos And Amanda Cruz Section 13-2. (Junk) Date Of Service: Certified -Proof Of Delivery September 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 #08-0018134 209 Almaden Court Gina R. And Neville F. Martin Section 20-431., 20-432., 20-434. (Commercial Vehicle) Date Of Service: Certified -Returned "Unclaimed" September 9, 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 #08-0018158 311 South Edgemon Avenue Scott W. Roberts Section 13-2. (Debris) Date Of Service: Certified -Proof Of Delivery September 6, 2008 Inspector -Jose Romero ~~ ~~ Qy .. y This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 PAGE 5 OF 9 C' PUBLIC HEARINGS -NEW CASES y 502.4 Code Enforcement Bureau -Police Department n CASE #08-0018507 40 Tarpon Circle Richard Petty And Valleri A. Petty Section 6-46. (No Building Permit) Date Of Service: Certified -Returned "Unclaimed" September 4, 2008 Inspector -Jose Romero This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #08-0018692 1009 Taproot Drive Ralph Cruz Jr. Section 13-2. (Stagnant Pool) Date Of Service: Certified -Returned "Unclaimed" September 4, 2008 Inspector -Jose Romero 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 #OS-0010643 639 Pearl Road Oscar And Marisela Velazquez Section 20-431. And 20-432. (Commercial Vehicle) Date Of Service: Certified -September 3, 2008 Inspector -Cathy Davidson Deputy City Clerk Harker called the Case forward to the Board. Chairman Matisak asked, "Who will be presenting the Case on behalf of the City this evening?" Inspector Cathy Davidson, Code Enforcement Officer, Code Enforcement Bureau, Police Department, replied, "Myself, Cathy Davidson." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 PAGE 6 OF 9 Inspector Davidson continued, "This Case was originally heard before this Board on January 17`h, 2006. The Board found Oscar and Marisela Velazquez were in Violation of Section 20-431. and [Section] 20-433. (Commercial Vehicle) of the City Code. The Respondent was present at this Hearing and was notified that any future Violations of these Sections [20-]431. and [20-]432. would be considered a Repeat Violation. And if a Repeat Violation was found to exist, a Fine will be imposed in the amount of $50.00 per day per Violation, beginning on the first day the Violation was again found to exist. Notice of Code Violation was cited on August 16`h, 2008 and failed Re-Inspection on September the 3`d, 2008. A fine imposed is one hundred dollars ($100.00)." Chairman Matisak asked, "Do you want to enter this PowerPoint into Evidence?" Inspector Davidson replied, "Yes." Chairman Matisak continued, "So, this PowerPoint and its photographs will be entered as `WS 1'. Do you have Method of Service for this Case?" Inspector Davidson responded, "I do." Chairman Matisak stated, "We have an Affidavit of Posting for 639 Pearl Road on September 6~' [2008]; that will be entered in as `WS 2'." Photographs of this property were shown. Next, Chairman Matisak asked, "Is the Respondent present this evening to present Testimony to the Board? Seeing none -let the Record reflect that the Respondent is not present for this Hearing." Brief discussion. Continuing, Chairman Matisak inquired, "Where was this photograph taken?" Inspector Davidson replied, "From the sidewalk." Chairman Matisak clarified, "On Pearl Road?" Inspector Davidson responded, "Yes." Much discussion. Vice Chairman James B. Pitts asked Inspector Davidson, "Did you ever make contact with the Owner of the vehicle or the Owner of the property?" Inspector Davidson replied, "Yes." Vice Chairman Pitts continued, "Did they have any explanation?" Inspector Davidson responded, "No - on the first day he was in Violation - he saw me put the Notice and he - ~ust went back in his house." Vice Chairman Pitts clarified, "This is on the [August] 16` [2008]?" Inspector Davidson said, "Yes." Vice Chairman Pitts asked, "And what happened on the second one?" Inspector Davidson stated, "He wasn't there at that time." Vice Chairman Pitts asked, "Has he acknowledged receipt of the Violation being discussed this evening?" Captain Tolleson stated, "Yes, the property was Posted." ~~ f- Discussion continued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 PAGE 7 OF 9 Chairman Matisak asked, "To your knowledge, do you know if they saw the Posting or not?" Captain Tolleson replied, "No." Inspector Davidson said, "No, I don't know." Discussion. Vice Chairman Pitts asked Inspector Davidson, "Did we make any effort to contact the Owner of the vehicle of the property, other than Posting the property?" Inspector Davidson replied, "Yes - he had a Certified letter of Code Violation before that, before - the Board Hearing." Continuing, Vice Chairman Pitts asked, "Did - he sign for the Certified mail?" Captain Tolleson replied, "We have the date that he signed on the 3`d, but we actually do not have the card." Further discussion. "MAKE THE MOTION - TO ENFORCE." MOTION BY BOARD MEMBER WEISMAN. CHAIRMAN MATISAK ASKED, "DID YOU WANT TO GET A FULL READING FROM THE CLERK?" BOARD MEMBER WEISMAN REPLIED, "YES, PLEASE READ." "THE CITY OF WINTER SPRINGS VERSUS MR. OSCAR AND MS. MARISELA VELAZQUEZ, CASE #OS-0010643. 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 RESPONDENTS HAVE PREVIOUSLY BEEN BEFORE THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS AND WERE FOUND "GUILTY" OF VIOLATING SECTIONS - 20-431. AND 20-432. (COMMERCIAL VEHICLE) OF THE CITY CODE AND WERE ORDERED TO CORRECT SUCH VIOLATION. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS NON- COMPLIANCE HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUES AND THE RESPONDENTS WERE NOT PRESENT AT THIS HEARING. A ~7 ~i °'es: it :~ 3. THAT NO PROOF OF EXTENUATING CIRCUMSTANCES EXISTED WHICH WOULD HAVE PREVENTED THE RESPONDENTS FROM COMING INTO COMPLIANCE WITH THE BOARDS ORDER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 ~~ PAGE 8 OF 9 ~.~-- THEREFORE, I MOVE THAT THE FINE OF ONE HUNDRED DOLLARS ($100.00) STAND AND ENFORCEMENT FOR THE COLLECTION OF THIS ~3.i FINE RESUME." FULL READING DONE BY DEPUTY CITY CLERK ~~ HARKER. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. i~ CHAIRMAN MATISAK ASKED, "SPECIFICALLY, WHAT WERE THE VIOLATIONS? IT IS MENTIONING TWO (2) THAT WERE VIOLATED FOR THE COMMERCIAL VEHICLE; [SECTION] 20-431. AND [SECTION 20-)432. WHAT WERE THE TWO (2) ASPECTS THAT WERE VIOLATED - IN THIS CASE?" CAPTAIN TOLLESON REPLIED, "IT'S ACTUALLY JUST THE COMMERCIAL VEHICLE IN A RESIDENTIAL AREA. [SECTION 20-]431. TALKS ABOUT WHAT IS A COMMERCIAL VEHICLE. [SECTION 20-]432. TALKS ABOUT IT BEING IN A RESIDENTIAL AREA." CHAIRMAN MATISAK CLARIFIED, "SO, THE DEFINITION IS IN (SECTION 20-]431. AND THEN THE ACTUAL IS IN [SECTION 20-]432." BRIEF DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER GILTZ: AYE CHAIRMAN MATISAK: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.2 Code Enforcement Bureau -Police Department CASE #08-0017190 618 Locust Court Gregory A. And Debra Malenchek Section 13-2. (Trash And Debris) Date Of Service: Certified -Proof Of Delivery September 5, 2008 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. REGULAR AGENDA REGULAR 600. Not Used. Discussion ensued on parking on lawns. ADJOURNMENT Chairman Matisak adjourned the Regular Meeting at 7:30 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER DEPUTY CITY CLERK CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 16, 2008 PAGE 9 OF 9 e Q^ .__ NOTE: These Minutes were approved at the Code Enforcement Boazd Regular Meeting.