Loading...
HomeMy WebLinkAbout2010 07 20 Consent 200 Request Approval Of June 15, 2010 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 15, 2010 P■a" CALL TO ORDER The Regular Meeting of Tuesday, June 15, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:09 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura -Leigh Wood, present Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Hugh Fisher, present Board Member Carole Giltz, present Board Member Gregory Roero, present Board Member Leah Weisman, present Alternate Board Member #1, Arsenio Calle, present Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Next, Chairman Wood asked for a moment of silence and led the Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes ". Assistant City Clerk Gayle Coutant reported, "We will be hearing Public Hearings Agenda Items `502.1', `502.2', `502.3', `502.4', `502.5', `502.7', `502.8', and `502.10'." Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 2 OF 29 CONSENT AGENDA • CONSENT ~-"" 200. Office Of The City Clerk Requesting Approval Of The May 18, 2010 Code Enforcement Board Regular =' . --j Meeting Minutes. Chairman Wood announced, "I would like to have a Motion to Approve." �: •••. Discussion. BOARD MEMBER FISHER STATED, "THERE IS A TYPO ON PAGE 13, WHERE IT SAYS `ATTORNEY LATORRE REINSTATED HOW THE RESPONDENT COULD REQUEST A CODE' I THINK THAT SHOULD BE RESTATED — IT'S ON PAGE 13, FOURTH PARAGRAPH." ASSISTANT TO THE CITY CLERK COUTANT SAID, "I CAN MAKE THAT CHANGE." CHAIRMAN WOOD COMMENTED, "CHANGES MADE BY BOARD MEMBER FISHER. WITH THOSE CHANGES, CAN WE NOW HAVE A MOTION ?" VICE CHAIRMAN PITTS STATED, "I MOVE THAT WE APPROVE THE MINUTES AS AMENDED." SECONDED BY BOARD MEMBER FISHER. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 3 OF 29 REPORTS REPORTS 400. Office Of The City Attorney Attorney Kate Latorre commented, "I do have a Report; however, in the interest of time, I thought I would defer the Report to the end of Meeting, so we can get started on the Hearings." Chairman Wood asked, "Do I have any objections from the Board ?" Vice Chairman James B. Pitts replied, "None." No Board Members were in objection to this decision. REPORTS 401. Code Enforcement Bureau No Report. REPORTS 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chairman No Report. REPORTS 404. Code Enforcement Vice Chairman No Report. REPORTS 405. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 4 OF 29 PUBLIC HEARINGS AGENDA - CONTINUED CASES _.. PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used. PUBLIC HEARINGS AGENDA - REPEAT CASES a PUBLIC HEARINGS- REPEAT CASES 501.1 Not Used. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #1221000004110 Albert Elsworth Ford Or Jodi L. Zirkelbach 1420 Oberlin Terrace Lake Mary, Florida 32746 -3975 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Chairman Wood announced, "Just to refresh the Board, this Case we had as an Agenda Item last — month and we granted a Continuance." Captain Glenn Tolleson, Code Enforcement Bureau, Police Department provided the Board with the CD labeled "WS 1" which contained all the PowerPoint presentations for this Meeting. Captain Tolleson then proceeded by stating, "On February the 5 2010 at 10:58 p.m., at the intersection of the east bound lane 3 State Road 434 and Vistawilla Drive, a green Jeep, Florida Registration RIP 239 passed through the intersection on a steady Red Light while making a right turn, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83. On February the 8 2010, the Violations recorded images were reviewed by Captain Glenn Tolleson, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on February the 9, 2010 to the registered owners Albert Ford or Jodi Zirkelbach." Continuing, Captain Tolleson explained that the non - responsibility request from Mr. Albert Elsworth Ford was received by American Traffic Solutions, LLC (ATS) on March 9, 2010, but returned for insufficient information. Following Captain Tolleson provided details on Mr. Ford's decision to contact American Traffic Solutions, LLC (ATS) to Contest the Infraction and a Hearing to the Code Enforcement Board, but was advised it was past the due date and a Hearing request was not made. Additionally, the City did however grant Mr. Ford's request for Hearing set for March 31, 2010. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 5 OF 29 Next, Captain Tolleson stated, "On March 31 2010, an Administrative Review was conducted by myself, Captain Glenn Tolleson, of all the Evidence and recorded images and upon re- review Probable Cause did exist and was then set for a Hearing May the 18 [2010]. At Mr. Ford's request, this Case was continued to tonight, June the 15 2010." Mr. Albert Elsworth Ford, Attorney, 1420 Oberlin Terrace, Lake Mary, Florida:''" introduced himself and then objected to the video. Chairman Wood stated, "Let the °NNW Record be noted that Attorney Al Ford has objected." Mr. Ford commented, "My objection is based on authentication, lack of authentication, lack of reliability and accuracy and I'm asking to voir dire the witness as to those things." Chairman Wood remarked, "I would like to turn to the Board now and say, `Are we going to at this point allow an objection ?' Is that what you want ?" Vice Chairman Pitts responded, "Not at this point." No objections were voiced. Assistant City Attorney Kate Latorre spoke, "If I may, the objection is going to be allowed for the Record. What the Board needs to determine — Mr. Ford is requesting whether he could question Captain Tolleson on the authenticity of the video prior to the presentation being made. Whether it happens at this point or later, he needs to be allowed to question Captain Tolleson on the Evidence. I believe his objection at this point is to question him before the video is played." There were no objections. Further comments. Assistant City Attorney Latorre specified, "The City Commission would regulate any Amendment to the Code. Mr. Ford is presenting this as Evidence that the Violation is otherwise invalid because it is not in Compliance with the Code, if I understand Mr. Ford's argument correctly." Next Chairman Wood announced for the Record, "I would like to move forward this evening and that is my recommendation. Any Board Members have a disagreement with that ?" No Board Member was in disagreement. Discussion. Mr. Ford then suggested, "As far as insuring the accuracy and integrity of the recorded images, you can't come before this Code Enforcement Board and say that these images are accurate, that they have integrity, correct ?" Captain Tolleson commented, "Not correct. I can testify the fact that the images I have reviewed have not been altered from the time that I've received them to being presented this evening." Discussion followed on the Traffic Control Equipment. Captain Tolleson noted, "I can say that it was recording properly based on the information that is in my Testimony this evening." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 6 OF 29 Mr. Ford then stated, "Again, I just would renew my objection." Additional comments followed. Chairman Wood announced, "We do have for the Record that — there is an objection. At this time, I would like ask the Board if they would like to move forward or if we stop �"'C! right now. I would say we move forward. Does anyone have an objection on the Board ?" Board Member Dick Crenshaw commented on moving forward by stating, ct.., "Most definitely." Board Member Leah Weisman stated, "No." There were no ...� objections with moving forward with this Case. Chairman Wood asked that Captain Tolleson proceed with the presentation. The City's Evidence, "WSRL 2" was displayed as the "A" frame with a red time of 1.4 seconds in lane 3 at State Road 434 and Vistawilla Drive. Board Member Crenshaw commented on the speed of the vehicle. Mr. Ford stated, "I have a continuing objection to these series of videos." Discussion ensued on Florida Evidence Code and proof of authenticity. Next, "WSRL 3" the "B" frame was presented, displaying the vehicle entered into the crosswalk. Discussion. The license plate of the vehicle was exhibited as "WSRL 4" and Mr. Ford again objected. Chairman Wood then noted, "Objection is noted on the Record. Board, we will continue, correct? Any objections from the Board ?" No objections were voiced. The video relating to this Case was viewed by those in attendance, followed by the "Photo Enforced" photograph and discussion of the posted sign. Continuing Captain Tolleson stated, "This is our `Evidence Log' that shows that on February the 5 2010, 12:00 a.m. an operational test passed for the operation of the system. The Violation was recorded at — 10:58:53 p.m. and a deployment end operational test was conducted on February the 5 2010 at 11:59:59 and that the signs were posted. This would be City's Evidence `WSRL 5'." Mr. Ford again expressed his objection of the Evidence. Chairman Wood announced, "We have an objection by Attorney Al(bert Elsworth) Ford for the Record. Board, once again, will we proceed ?" There were no objections voiced. Captain Tolleson then presented "WSRL 6 ", which provided the Violation information. Mr. Ford objected to the Evidence. Chairman Wood stated, "Board, we have objection for the Record. Again, I am going to ask you shall we move on or does anyone want to stop ?" There were no objections in proceeding. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 7 OF 29 The final Evidence "WSRL 7" containing "Notes" pertaining to the Hearing were then v .: displayed. •-- �,r Discussion followed with Captain Tolleson. 11--1, Vice Chairman Pitts asked Mr. Ford, "Were you driving the vehicle ?" Mr. Ford replied, "No, I was not." Vice Chairman Pitts then asked, "Do you know who was driving the C=' vehicle ?" Mr. Ford answered, "No, I do not." When Vice Chairman Pitts asked the T Respondent if he owned the vehicle and Mr. Ford declared, "I'm not either going to 1= confirm or deny that." Further comments. BOARD MEMBER CRENSHAW POINTED OUT, "CHAIR, WE GAVE THEM THE COURTESY TO PUT THEM IN FRONT, BUT THIS IS TAKING UP SO MUCH TIME AND WE HAVE SEVEN (7) OTHER CASES. I WOULD LIKE TO RECOMMEND THAT WE TABLE THIS UNTIL THE END OF THE MEETING SO ALL THE REST OF THESE PEOPLE DON'T HAVE TO SIT HERE AND WAIT AND LISTEN TO THIS. WE ARE JUST GOING AROUND IN CIRCLES AND WE ARE GETTING NO WHERE." CHAIRMAN WOOD THEN SAID, "I HAVE ASKED THE ATTORNEY TO PLEASE ASK NEW QUESTIONS — AND I AM DOING MY BEST IN THAT — HE DOES DESERVE TO ASK THE QUESTIONS. I DON'T WANT TO TABLE IT. WE NEED TO FINISH IT TONIGHT." BOARD MEMBER CRENSHAW ADDED, "BUT AT THE END OF THE EVENING." CHAIRMAN WOOD THEN REMARKED, "I AGREE WITH WHAT YOU ARE SAYING, BUT I THINK IT WOULD BE BETTER TO CONTINUE THAN TO START OVER BECAUSE HE IS GOING TO HAVE TO REHASH WHERE HE HAS BEEN AND RESTATE EVERYTHING. SO WHAT DO YOU WANT TO DO? IT IS A GREAT SUGGESTION, BUT I THINK WE SHOULD CONTINUE WHERE WE ARE NOW." DISCUSSION ENSUED REGARDING THE LENGTH OF THE TESTIMONY. VICE CHAIRMAN PITTS STATED, "I AGREE — THAT WE SHOULD IN FACT TABLE IT..." CHAIRMAN WOOD THEN ASKED, "...CAN WE HAVE A ROLL CALL PLEASE ON THIS TO VOTE ON IT ?" BOARD MEMBER CRENSHAW STATED, "I SO MOVE." SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JUNE 15, 2010 PAGE 8 OF 29 CHAIRMAN WOOD THEN RECOMMENDED, "I WOULD LIKE TO SAY ' THAT IN THAT MOTION THAT WE AMEND IT TO WHERE WE BEGIN RIGHT WHERE WE LEFT OFF. I DON'T WANT TO START ALL OVER AGAIN." VICE CHAIRMAN PITTS SAID, "I AGREE." NO OBJECTIONS s♦ WERE VOICED. FURTHER DISCUSSION. CHAIRMAN WOOD STATED, "THE MOTION IS TO ACTUALLY MOVE IT TO —THE LAST. AND IF YOU WOULD LIKE TO, YOU ARE GOING TO SAY `AYE' AND IF YOU DO NOT YOU ARE GOING TO SAY `NAY'." VOTE: BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: NAY BOARD MEMBER GILTZ: NAY BOARD MEMBER WEISMAN: NAY BOARD MEMBER FISHER: NAY BOARD MEMBER ROERO: NAY VICE CHAIRMAN PITTS: AYE MOTION DID NOT CARRY. Next, Captain Tolleson pointed out, "Your vehicle did not even make a good faith effort to slow, which is why the Infraction was issued." Further discussion. Tape 1 /Side B Discussion regarding the Affidavit ensued. Attorney Latorre asked, "Is that Affidavit in your Evidence Captain Tolleson ?" Captain Tolleson replied, "No — but I can enter it. This would be City's Evidence `WSRL 8'." Discussion continued relating to the driver of the vehicle. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER FISHER. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 9 OF 29 MR. FORD PROVIDED A LETTER ENTITLED, "FLORIDA ATTORNEY y Pamt GENERAL ADVISORY LEGAL OPINION" NUMBER: AGO 2005 -41, DATE: JULY 12, 2005, SUBJECT: TRAFFIC, USE OF UNMANNED CAMERAS, IN 0:.3 WHICH CHAIRMAN WOOD ENTERED INTO EVIDENCE AS "Rl ". ';C/1 ATTORNEY LATORRE ADDRESSED THE BOARD AND SAID, "I JUST WANT TO CLARIFY A COUPLE OF THINGS FOR THE BOARD'S BENEFIT AS LEGAL COUNSEL. FLORIDA ATTORNEY GENERAL OPINIONS ARE SIMPLY PROVIDED AS GUIDANCE. THEY - DO NOT HAVE THE FORCE OF LAW. THEY ARE ISSUED IN RESPONSE TO A DIRECT QUESTION BY A PUBLIC BODY, LIKE A MUNICIPALITY TO PROVIDE GUIDANCE TO THAT MUNICIPALITY ON SPECIFIC STATUTORY INTERPRETATION ISSUES. JUST SO YOU KNOW, IT'S NOT BINDING ON THIS BODY OR THE CITY. ALSO, MR. FORD HAS STATED A NUMBER OF EVIDENTIARY OBJECTIONS DURING THE HEARING AND THIS BOARD IS GOVERNED BY THE RULES OF QUASI- JUDICIAL PROCEDURE, WHICH MEANS THAT EVIDENCE RULES APPLY VERY LOOSELY, HEARSAY MAY BE OMISSIBLE IN CERTAIN CIRCUMSTANCES WHERE IT IS INOMISSIBLE IN THE COURT OF LAW, IS JUST ONE EXAMPLE. SO, STRICT RULES OF EVIDENCE, DO NOT APPLY IN THIS. WHAT YOU ARE TO CONSIDER HERE TONIGHT IS WHETHER THE TESTIMONY AND EVIDENCE THAT HAS BEEN PRESENTED IS COMPETENT IN SUBSTANTIAL EVIDENCE EITHER PROVING OR NOT PROVING THE VIOLATION AT ISSUE; WHICH IS WHETHER THE RED LIGHT ORDINANCE WAS VIOLATED." VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 10 OF 29 PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1221000008970 —CV Central City Trucking, Inc. 4700 Dutton Drive Orlando, Florida 32808 -7323 4.6 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided his Testimony through a PowerPoint presentation for this t1 Case. Captain Tolleson stated, "On March the 18 2010 at 10:18 p.m. at the intersection of east bound lane 3 State Road 434 and Winding Hollow (Boulevard), a — dump truck, Florida Registration N59 80Q passed through the intersection on a steady Red Light - captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." The Violation recorded images were reviewed on March 30, 2010 by Captain Chris Deisler and found that Probable Cause did exist to issue a Notice of Infraction on March 31, 2010 to the registered owner Central City Trucking Inc. Next, Captain Tolleson explained that the request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code was received by American Traffic Solutions, LLC (ATS). Captain Tolleson then reported, "On May 27 2010 Administrative Review was conducted by myself, of all the evidence and recorded images and Probable Cause still existed and set for tonight June 15 2010." Next, the Affidavit was displayed, followed by "WSRL 2 ", the "A" frame showing the date, time, speed and light phase. After that exhibit, "WSRL 3' which is the "B" frame was shown proceeded by the recorded image. Then, Captain Tolleson explained, "This is a picture of the sign that is posted. It is `Photo Enforced'. This is City's Evidence `WSRL 5' which shows the signs are posted, the deployment start date of 03/18[/2010] at 12:00 a.m., Violation 3/18/2010 at 10:18 (p.m.) and deployment end at 3/18[/2010] at 11:59:59 p.m. and it did pass all the operational test." City's Evidence "WSRL 6 ", the "Violation Evidence Report" along with "WSRL 7 ", "Notes" pertaining to this Case were then shown. Captain Tolleson advised the Board that the Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 1 I OF 29 BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, 1 MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION 1 '1W OF SECTION 12 -83., ADHERENCE TO THE RED LIGHT TRAFFIC CONTROL 9-1 SIGNALS." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. �,...i VOTE: "' CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau - Police Department CASE #1221000009861 Celina Rodas And Hernando Valencia 489 Whittingham Place Lake Mary, Florida 32746 -3780 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided the history of the Violation that occurred on March 31, 2010 at the intersection of State Road 434 and Winding Hollow Boulevard. Through his Testimony, Captain Tolleson explained, "On April the 5` 2010, the Violation recorded images were reviewed by myself, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on April the 6` 2010 to the registered owners Celina and Hernando Valencia." Next, Captain Tolleson reported that American Traffic Solutions, LLC (ATS) received the Respondent's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89., of the City Code on April 27, 2010 and then noted his Administrative Review was conducted on May 12, 2010, where he found Probable Cause existed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 12 OF 29 Following, Captain Tolleson stated, "Last week Ms. Valencia came in and met with me and reviewed the video at that time and also was informed of the Hearing this evening. This is again, `WS l', the CD and this is `WSRL 2', which is the `A' frame, which shows the date, the time, red phase and it was red for seven tenths (7/10) of a second in lane 2, which would be the white van. This is City's Evidence `WSRL 3' which shows the vehicle in the intersection on a steady Red (Light). This is `WSRL 4' which shows the license plate of the vehicle and this is the recorded images." After the video was viewed, the "Photo Enforced" sign was displayed, followed by "WSRL 5 ", the "Camera Log" and "WSRL 6" the "Violation Evidence Report". Ms. Celina Rodas, 469 Whittingham Place, Lake Mary, Florida: stated her correct address and questioned the yellow time of the light. Captain Tolleson confirmed the time of the yellow light, "It's 4.5 seconds. There is a two (2) second delay on the opposite light." Discussion ensued on the fees of the Infraction and yellow time of the lights. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, I MOVE THAT THE RESPONDENT BE FOUND — IN VIOLATION OF SECTION 12 -83., ADHERING TO RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 13 OF 29 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department #1221000009945 Leandra Gallego 768 Silverwood Drive 11"C1 Lake Mary, Florida 32746 -4945 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Once again, Captain Tolleson provided Testimony on behalf of the City by stating, "On April the 1 2010 at 8:15 a.m. at the intersection of the east bound lane 2 State Road 434 and Winding Hollow Boulevard, a purple Lexus, Florida Registration D54 1XY passed through the intersection on a steady Red (Light), captured by video recording Traffic Control Equipment. On April the 5 2010, I reviewed those recorded images and I am a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue the Notice of Infraction. That Infraction was issued on April the 6 2010 to the registered owner Leandra Gallego." Next, Captain Tolleson explained that American Traffic Solutions, LLC (ATS) received Leandra Gallego's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code and then stated, "Additionally, the system requires and schedules an Administrative Review of all Evidence and the Infraction which was set for May the 12 2010." After the review was conducted, the Hearing was set for June 15, 2010. Along with previously submitted Evidence "WS 1" Captain Tolleson entered "WSRL 1 ", the "A" frame and "WSRL 2" the "B" frame; displaying the vehicle in the intersection on a steady Red Light. Next, the license plate, "WSRL 4" was presented along with the video relating to this Case. Following the recorded images, the "Photo Enforced" sign was displayed. Captain Tolleson then provided "WSRL 5 ", the "Camera Log Report" and "WSRL 6" which was entitled "Violation Evidence Report". Lastly, Captain Tolleson reported, "This is `WSRL 7' which are the `Notes' associated with this Case and we have no other Testimony. The Respondent is not here this evening." "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO THE RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 14 OF 29 VOTE: BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE F"C1 BOARD MEMBER FISHER: AYE BOARD MEMBER WEISMAN: AYE C=1 BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #1221000010059 Tiffany Catherine Wieder 1113 Contravest Lane Winter Springs, Florida 32708 -6344 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided the history on this Case to those in attendance at the Meeting mentioning that the Violation took place on April 2, 2010 at 7:53 a.m. at the intersection of the east bound lane 3 State Road 434 and Vistawilla Drive. Next, Captain Tolleson explained, "On April the 5 2010, Violations recorded images were reviewed by myself, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue the Notice of Infraction. That infraction was issued on April the 6 2010 to the registered owner Tiffany Wieder. On April the 23rd, 2010 American Traffic Solutions, LLC (ATS) received Ms. Wieder's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12- 89. and set for Administrative Review May the 11 2010. I conducted that Administrative Review, found that — Probable Cause did still exist and set for Hearing this evening." The CD previously provided to the Board, "WS 1" was presented as Evidence containing the PowerPoint presentation for this Case. Following, "WSRL 2 ", the "A" frame and "WSRL 3 ", the "B" frame, which displayed the blue Hyundai, Florida Registration 286 XAL passing through the Red Light; not turning right as the second slide incorrectly stated. Next, "WSRL 4" was presented along with the recorded images. The "Photo Enforced" posted sign was viewed following "WSRL 5 ", the "Camera Log ", "WSRL 6" the "Violation Evidence Report", and "WSRL 7" containing "Notes" relating to this Case. CITY OF WINTER SPRINGS, FLORIDA M INUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 15 OF 29 Ms. Tiffany Catherine Wieder, 1113 Contravest Lane, Winter Springs, Florida: addressed the Board and inquired about warning issuance. Captain Tolleson explained P:;.a• that there were no points associated with the Violation and stated, "This does not go against her driving record." Discussion. C = 0 �,,.,� "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12-83., ADHERING TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. Chairman Wood requested Captain Tolleson to explain the procedure to pay the Fine. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #1221000003039 Suljo Garib 1517 East Boulevard Maitland, Florida 32751 -3570 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 16 OF 29 PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #1221000010208 Barbara Ann Kitakis 466 Springwood Court C:=1) Longwood, Florida 32750 -3036 r+ Section 12 -83. (Adherence To Red Light Traffic Control Signal) L) Captain Tolleson began his Testimony and stated, "On March 31 2010 at 9:11 p.m., at the intersection of the east bound lane 3 State Road 434 and Winding Hollow (Boulevard), a black GMC, Florida Registration E90 4WW passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." Then, Captain Tolleson explained that he reviewed the recorded images on April 6, 2010 and found that Probable Cause did exist to issue a Notice of Infraction on April 7, 2010 to the registered owner Barbara Kitakis. Furthermore, Captain Tolleson mentioned, "On April the 28 2010 American Traffic Solutions, LLC (ATS) received Ms. Kitakis's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. Additionally, the Administrative Review was set for May the 12 2010. I conducted that Administrative Review and found that Probable Cause still existed and set for Hearing this evening, June the 15 2010." "WS 1" was entered into Evidence and then Captain Tolleson noted, "This is the `A' frame, City's Evidence `WSRL 2' which shows the Violation date, 3/31/2010, 9:11 p.m. phase is red — for three tenths (3/10) of a second in lane 3. This is `WSRL 3', which is the `B' frame, which shows the date and again the time, 9:11:39 (p.m.), the red time, 1.3 (seconds) in lane 3 and the vehicle into the intersection." "WSRL 4 ", showing the license plate was displayed next, followed by the video relating to this Case. Tape 2 /Side A The "Photo Enforced" sign was then viewed. Next, Captain Tolleson remarked, "This is City's Evidence `WSRL 5', which shows that signs were posted and the operational test was conducted at 12:00 a.m. and again at 11:59 (p.m.) again passed an operational test and no malfunctions." "WSRL 6" which shows Violation information was exhibited, along with "WSRL 7" displaying "Notes" associated with the Case. Ms. Barbara Ann Kitakis, 466 Springwood Court, Longwood, Florida: stated, "I did see the light turn yellow. I felt like I couldn't stop safely. So I just continued through it." The video was again viewed by those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 17 OF 29 Discussion regarding the weather ensued. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO THE RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau — Police Department CASE #10- 0022022 Daniel White 45 South Edgemon Avenue Winter Springs, Florida 32708 Section 10.26. (No Occupational License — Tax Receipt) Section 20- 103(a). (Restrictions On Lands - Automotive Repairs) Date Of Service: Certified — Proof Of Delivery May 28, 2010 Inspector — Wayne Wagner Inspector Butch West, City of Winter Springs Police Department, Code Enforcement Bureau introduced this Agenda Item and stated, "I'll be presenting for Inspector Wayne Wagner this evening." Chairman Wood asked Inspector West for clarification defining the Violations and he responded by saying, "Actually he cited two (2) Sections, (Section) 10 -26., which involves the business license and paying the fees and the tax. The Section I believe he intended to rely on in this particular Case is Section 20- 103.[(a)], which involves the actual — improper use of the property." Next, Inspector West quoted Section 20- 103.(a) of the City Code for the Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JUNE 15, 2010 PAGE 18 OF 29 Inspector West then provided history on this Violation and stated, "This Violation was first observed on March 2 2010. A Notice of Code Violation was issued to a white .--- male, at the time, was on the property — who would not identify himself other than being a resident of the property. The male advised that he would give the Notice to the home 1.--C1 owner who is Mr. Daniel White. 1 . This property failed inspection on March the 9 the 12 the 15 the 19 and the 29 and the 30 Then again on April the 3 and the 17 and on May the 1 and May the 12 all of this year. The Notice of Violation was mailed by Certified Mail to Mr. White on March the 24 2010 and we received it back on the 21 [April, 2010]. It was not signed for." Continuing, Testimony provided that Inspector Wagner observed numerous vehicles being worked on in the driveway and front yard at 45 South Edgemon Avenue, Winter Springs, Florida. Next, Inspector West mentioned a sworn statement received from a neighbor which referenced this property as an "Eye sore on the street ". Following, photographs of the property were displayed depicting tools and engines covered by blue tarps and vehicles on jacks. Inspector Wagner then noted, "None of these vehicles — are registered to the home owner." Additional photographs of a transmission lying on the driveway, people working on vehicles and a semi truck were displayed. Inspector West then remarked, "We actually talked to the driver of the owner of this semi and he told Inspector Wagner that Mr. White was putting a new exhaust on." Attorney Latorre clarified, "The Respondent did sign for the Notice." In conclusion, Inspector West stated, "This property is still in Non - Compliance as of today, June the 15 [2010] and we're asking for Finding of Fact and Relief (Order) on this Case." "I WOULD LIKE TO MAKE A MOTION THAT `WHERE VIOLATION IS FOUND TO HAVE EXISTED AS OF THIS HEARING, (GUILTY)'. PAGE 5. RELIEF ORDER `A'." MOTION BY BOARD MEMBER ROERO. CHAIRMAN WOOD CLARIFIED, "FINDING OF FACT, (PAGE) 5." BOARD MEMBER ROERO STATED, "PAGE 5." "THE CITY OF WINTER SPRINGS VERSUS DANIEL WHITE, CASE NUMBER 10- 0022022. 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: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 19 OF 29 FINDING OF FACT: — ! THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE 1 "ZIP ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2 -59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 20- 103.(a) OF THE CITY CODE EXISTED. so 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 THE 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 DANIEL WHITE, HAS A VIOLATION OF SECTION 20- 103.(a) RESTRICTIONS ON LANDS — AUTOMOTIVE REPAIRS 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 BY ASSISTANT TO THE CITY CLERK COUTANT. CHAIRMAN WOOD NOTED, "JUST FOR CLARIFICATION FOR THE RECORD, FIRST I'D LIKE IT TO READ THAT THE RESPONDENT WAS NOT PRESENT FOR TESTIMONY AND SECONDLY THAT THAT MOTION WAS BY BOARD MEMBER ROERO, THAT YOU JUST READ FOR THE RECORD. DO WE HAVE A SECOND ?" SECONDED BY BOARD MEMBER FISHER. DISCUSSION. ATTORNEY LATORRE STATED, "I JUST WANTED CLARIFICATION OF WHAT WE ARE DOING FOR THE CODE VIOLATION FOR SECTION 10 -26.? THEY WERE NOTICED OF THIS VIOLATION..." CHAIRMAN WOOD MENTIONED, "...THERE WERE TWO (2) DIFFERENT VIOLATIONS." ATTORNEY LATORRE SAID, "RIGHT, IT'S THE SAME CASE." ATTORNEY LATORRE THEN INQUIRED, "IS STAFF ASKING THAT WE FIND THEM IN VIOLATION OF SECTION 10 -26. ALSO? FOR NOT HAVING AN OCCUPATIONAL LICENSE ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 20 OF 29 DISCUSSION. ATTORNEY LATORRE THEN EXPRESSED, "MY POINT IS THAT HE WAS .. CITED FOR THIS VIOLATION, HE WAS NOTICED OF IT — AND WE DIDN'T HEAR A LOT OF TESTIMONY ON IT — WE DO NEED TO MAKE A FINDING "-Tv:" THAT HE IS IN VIOLATION OF THAT OR THAT HE IS NOT." CHAIRMAN WOOD NOTED, "THE BOARD STATED THAT HE IS IN " '* VIOLATION OF IT BECAUSE HE IS IN VIOLATION BY OCCUPYING — SO CAN WE AMEND THE FINDING OF FACT ?" C� ATTORNEY LATORRE REPLIED, "IF WE HAVE NO OBJECTION, WE CAN AMEND..." BOARD MEMBER GILTZ THEN ASKED "...CAN HE GET AN OCCUPATIONAL LICENSE TO DO WHAT HE IS DOING ?" CAPTAIN TOLLESON STATED, "HE CAN STILL GET ONE, BUT JUST NOT THERE." CHAIRMAN WOOD THEN ASKED, "ANY OBJECTION TO AMENDING THE FINDING OF FACT TO STATE BOTH SECTIONS OF THE VIOLATION ?" NO OBJECTIONS WERE NOTED. CHAIRMAN WOOD THEN STATED, "WE WILL AMEND IT TO STATE SECTION 10 -26., NO OCCUPATIONAL LICENSE, TAX RECEIPT AS WELL AS SECTION 20- 103.(a) RESTRICTIONS ON LANDS AUTOMOTIVE REPAIRS." VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. Discussion relating to the Relief Order ensued. "RELIEF ORDER `A', PLEASE. THAT IS MY MOTION, BE GIVEN FIVE (5) DAYS AFTER NOTIFICATION, A FINE OF A HUNDRED DOLLARS ($100.00) A DAY. REPEAT VIOLATION, TWO (HUNDRED) FIFTY (DOLLARS) ($250.00)." MOTION BY BOARD MEMBER FISHER. VICE CHAIRMAN PITTS ADDED, "ON EACH VIOLATION ?" BOARD MEMBER FISHER REPEATED, "ON EACH VIOLATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 21 OF 29 CHAIRMAN WOOD STATED, "I AM GOING TO CLARIFY FOR THE RECORD THAT THE MOTION WAS MADE BY BOARD MEMBER FISHER FOR RELIEF ORDER `A' ON PAGE 11 AND IT IS GOING TO BE FOR MR. DANIEL WHITE TO — CEASE OPERATIONS ON THE PROPERTY WITHIN °' FIVE (5) BUSINESS DAYS. AND THEN, WITH FIVE (5) DAYS, A HUNDRED °'C: DOLLARS ($100.00) PER VIOLATION, PER DAY WITH A REPEAT FINE OF "'Ws TWO HUNDRED AND FIFTY (DOLLARS) ($250.00) PER DAY, PER VIOLATION. I WOULD RESPECTFULLY LIKE YOU TO HAVE A FULL vos READING OF THIS, PLEASE." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DANIEL WHITE, CASE NUMBER 10- 0022022, HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTIONS 10 -26. NO OCCUPATIONAL LICENSE — TAX RECEIPT AND SECTION 20- 103.(a) RESTRICTIONS ON LANDS — AUTOMOTIVE REPAIRS OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) BUSINESS DAYS TO CEASE OPERATIONS AFTER THIS NOTICE TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATIONS WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY PER VIOLATION WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL (FUTURE) REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT 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, PER VIOLATION 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 VIOLATIONS WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 22 OF 29 BOARD MEMBER CRENSHAW ASKED, "AT THE SAME TIME WE SUPPOSEDLY SHUT THIS BUSINESS DOWN, — CAN WE TICKET THE VEHICLES THAT ARE THERE THAT ARE NOT ?...." CHAIRMAN WOOD MENTIONED, " ....THAT IS NOT ABOUT TONIGHT." BOARD MEMBER CRENSHAW CONTINUED, "OR ARE WE GOING TO HAVE TO GO THROUGH ANOTHER NOTICE — TO GET THOSE VEHICLES OUT OF THERE ?" ,.�• ri INSPECTOR WEST REPLIED, "THERE ARE ORDINANCES AGAINST PARKING THE VEHICLES IN THE FRONT YARD, IF YOU WANTED TO ENFORCE THOSE." FURTHER DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau — Police Department CASE #10- 0022032 Scott W. Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — Proof Of Delivery May 28, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 23 OF 29 PUBLIC HEARINGS - NEW CASES s, 502.10 Code Enforcement Bureau — Police Department CASE #10- 0022034 U S Bank Tr FBO 731 Sherwood Drive Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — Proof Of Delivery June 1, 2010 Inspector — Wayne Wagner Once again, Inspector West provided PowerPoint presentation for Inspector Wagner. Proof of Delivery was entered into Evidence as "WS 3 ", along with the Notice of Hearing, labeled, "WS 2 ". Inspector West then noted, "This is about Section 6 -195., it's maintenance of fences and walls," and then read the Code pertaining to this Violation. Next, Inspector West stated, "This Violation was first observed on March the 4 , of this year. The Notice of Code Violation was Certified mailed to the owner US Bank Tr FBO due to the residence being vacated." Following, it was explained by Inspector West that this property failed Re- inspection on March 15 26 28 , May 8 and May 25 2010. It was also noted that the Certified Mail receipt was signed by Francis Blackshear, the Bank representative for the Violation and Notice of Code Board. Inspector West continued, "The section of fence is still down and missing. The following is a picture of the Violation and the property is still in Non - Compliance and we're asking for a Finding of Fact and Relief on this Case." Chairman Wood inquired, "Is the Respondent here ?" Inspector West indicated the Respondent was not present in which Chairman Wood noted, "If the Record could show the Respondent is not here." "I WOULD LIKE TO MAKE A MOTION THAT WE READ `MOTION WHERE VIOLATION IS FOUND TO HAVE EXISTED, AS OF THIS HEARING'. IT IS RELIEF `A', PAGE 5." MOTION BY BOARD MEMBER ROERO. CHAIRMAN WOOD THEN SAID, "THE MOTION WAS MADE BY BOARD MEMBER ROERO FOR PAGE 5, RELIEF ORDER `A', FULL READING PLEASE." ASSISTANT TO THE CITY CLERK COUTANT ASKED, "THIS IS THE FINDING OF FACT THAT I AM READING, NOT THE RELIEF ORDER, CORRECT ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 24 OF 29 CHAIRMAN WOOD RESPONDED, "FINDING OF FACT." "THE CITY OF WINTER SPRINGS VERSUS US BANK TR FBO, CASE NUMBER 10- 0022034, AFTER HEARING THE SWORN TESTIMONY OF THE •-•cci 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: t FINDING OF FACT: THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2 -59. OF THE CITY CODE AND THAT A VIOLATION OF SECTION 6 -195. (FENCE IN DISREPAIR) 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. 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 US BANK TR FBO, HAS A VIOLATION OF SECTION 6 -195. (FENCE IN DISREPAIR) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 25 OF 29 VOTE: BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER ROERO: AYE r- BOARD MEMBER WEISMAN: AYE MOTION CARRIED. "MY SUGGESTION ON THE VIOLATION SHOULD BE TEN (10) DAYS TO CORRECT THE VIOLATION AT FIFTY DOLLARS ($50.00) A DAY." MOTION BY VICE CHAIRMAN PITTS. CHAIRMAN WOOD REMARKED, "FOR THE RELIEF ORDER, YOU ARE SAYING TEN (10) DAYS, FIFTY (DOLLARS) ($50.00) AND A HUNDRED (DOLLARS) ($100.00) FOR A REPEAT (VIOLATION)." VICE CHAIRMAN PITTS REPLIED, "YES." CHAIRMAN WOOD THEN ASKED, "SO, WOULD YOU LIKE THE CLERK TO READ THIS ?" VICE CHAIRMAN PITTS RESPONDED, "YES. PLEASE, PAGE 11." NEXT, ASSISTANT TO THE CITY CLERK COUTANT ASKED, "CHAIR, I JUST WANT TO CLARIFY, IS THAT TEN (10) BUSINESS DAYS ?" DISCUSSION. VICE CHAIRMAN PITTS SAID, "MAKE IT TEN (10) BUSINESS DAYS." FURTHER DISCUSSION. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS US BANK TR FBO, CASE NUMBER 10- 0022034 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 6 -195. (FENCE IN DISREPAIR) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) BUSINESS DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 26 OF 29 IF THE RESPONDENT FAILS TO CORRECT THE VIOLATIONS WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) PER DAY WILL BE IMPOSED UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT ,�..••� THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, Itsei FOR A REPEAT VIOLATION, WILL BE A 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." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.11 Code Enforcement Bureau — Police Department CASE #10- 0022083 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 Section 12 -53. (Disabled Motor Vehicle) Date Of Service: Certified — May 25, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 27 OF 29 PUBLIC HEARINGS - NEW CASES s-_y 502.12 Code Enforcement Bureau — Police Department 1:=m• CASE #10- 0022084 1/1-1=y Louis E. Garcia ea— 201 North Devon Avenue Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) LI°3E1 Date Of Service: Certified — May 25, 2010 t=11 Inspector — Wayne Wagner This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.13 Code Enforcement Bureau — Police Department CASE #10- 0022107 Thomas L. And Barbara L. Vaughan 1170 Baltic Lane Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — May 28, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.14 Code Enforcement Bureau — Police Department CASE #10- 0022201 James McNeil 342 Inglenook Circle Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — Proof Of Delivery May 26, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 28 OF 29 PUBLIC HEARINGS - NEW CASES 502.15 Code Enforcement Bureau — Police Department CASE #10- 0022308 Kathryn A. Fairchild 1 " 116 South Edgemon Avenue .�•` Winter Springs, Florida 32708 C Section 6 -195. (Fence In Disrepair) .� Date Of Service: Certified — May 26, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. ❖❖ AGENDA NOTE: THE FOLLOWING REPORT WAS AGAIN DISCUSSED, AS PREVIOUSLY NOTED ON PAGE 3 OF THESE MINUTES. .;..;. REPORTS REPORTS 406. Office Of The City Attorney At this time, Attorney Latorre reported, "I wanted to update the Board on the `Red Light Legislation'. We talked about this briefly last month. The Law was passed right before our last Meeting and there have been developments on the City side. Basically, the new Law pre -empts to the State of Florida all regulation of the use of cameras to enforce traffic laws, which means that Florida State Law will now establish the procedures and requirements for these Red Light cameras that are in play in Winter Springs. However, municipalities are still expressly authorized to use these cameras in their Cities to prosecute Red Light Violations." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 15, 2010 PAGE 29 OF 29 Continuing, Attorney Latorre announced, "This Law goes into effect July 1 [2010]. So, as of now, the City is going to continue to operate under its own existing Ordinance''" through June 30 [2010]. So this Board will see any Appeals from a Citation issued d"""' from today up until June 30 [2010]. After that time, Appeals will no longer be processed in front of this Board. They are processed like a uniform Traffic Citation." Next, Attorney Latorre explained, "If people want to Appeal Red Light tickets, they go to Traffic Court like they do if they want to Appeal their speeding ticket." Attorney Latorre reported, "The City has just Approved First Reading of an Ordinance to Amend the City Code consistent with the State Laws. So, there will be some Ordinance Amendments made to reflect the requirements of the State Law. That went to the Commission last night for First Reading, so, it will be Adopted in two (2) weeks, presumably." Tape 2 /Side B Discussion ensued regarding ticketing and points being assessed to an individual's license and suspension of a driver's license. Next, Captain Tolleson spoke about the fees and noted, "It's one hundred and fifty -eight (dollars) ($158.00). Seventy -five (dollars) ($75.00) comes back to the City and then a portion goes to the State and portion goes to the medical field...." Attorney Latorre commented, "... Various funds." In relation to the portion received by American Traffic Solutions, LLC (ATS), Captain Tolleson stated, "Under the contract, it would come out of the seventy -five (dollars) ($75.00) that the City retains." ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 9:32 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2010 Code Enforcement Board Regular Meeting.