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HomeMy WebLinkAbout2010 07 20 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 20, 2010 CALL TO ORDER The Regular Meeting of Tuesday, July 20, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:00 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, absent [Excused] Board Member Hugh Fisher, present Board Member Carole Giltz, absent [Excused] Board Member Gregory Roero, absent [Unexcused] Board Member Leah Weisman, present Attorney Kimberly Kopp, present Next, Chairman Wood asked for a moment of silence which was followed by the Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes ". Assistant to the City Clerk Gayle Coutant reported, "We will be hearing Public Hearings Agenda Items '502.1', `502.2', `502.4', `502.5', `502.6' and `502.11'." 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 - JULY 20, 2010 PAGE 2 OF 18 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The June 15, 2010 Code Enforcement Board Regular Meeting Minutes. Board Member Hugh Fisher referred to page 9, paragraph 3 of the June 15, 2010 Regular Meeting Minutes and noted, "The word `omissible' and `inomissible' are used in that paragraph, where I believed `admissible' and `inadmissible' are the correct words." "I MOVE THAT THE MINUTES AS CORRECTED BE APPROVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER WEISMAN. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Bureau No Report. REPORTS 402. Office Of The City Clerk No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 3 OF 18 REPORTS 403. Code Enforcement Chairman Chairman Wood announced, "We will no longer be using Alternates on this Board. This Board is going to be templated like the City Commissioners are. We will have seven (7) Members, Quorum of four (4) stays the same. Next month we will need to Vote for Vice Chair(man)." Chairman Wood then advised the Board that if they had any questions, they could discuss it with the Attorney Kimberly Kopp. REPORTS 404. Code Enforcement Vice Chairman Vice Chairman James B. Pitts announced, "This will be my last Meeting on the Code Enforcement Board after thirteen (13) years. It is going to be something that I am going to miss. I have enjoyed working with each and every one of you. I had to make a choice according to our City Attorney to either continue as a `COP', a Citizen on Patrol for the City of Winter Springs or to stay on the Board. I couldn't do both and I elected to stay as a `COP' (Citizens on Patrol). I thought I could be of more value to the City." REPORTS 405. Code Enforcement Board Members No Report. At this point in the Meeting, Chairman Wood asked that the Record reflect Excused absences for Board Member Carol Giltz and Board Member Dick Crenshaw and then indicated that Board Member Roero who was also absent was not Excused. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE4OF 18 PUBLIC HEARINGS AGENDA - REPEAT CASES 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 #1221000010414 Anthony M. Lewis 692 Tuscora Drive Winter Springs, Florida 32708 -3841 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department entered into City's Evidence a CD entitled "WS 1" and began his Testimony by stating, "On April the 5 2010 at 9:10 p.m. at the intersection of the East Bound lane 3 State Road 434 and Winding Hollow Boulevard, a white Alfa. Romeo, Florida Registration 403 LNL passed through the intersection on a steady Red Light captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83. On April the 7 [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 8 2010 to the registered owner Anthony Lewis." Next, Captain Tolleson explained that American Traffic Solutions, LLC had received Mr. Lewis' request to Contest the Infraction on April 28, 2010 and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. Additionally, Captain Tolleson noted, "The system requires and schedules an Administrative Review of all Evidence and the Infraction which was set for May the 28 2010." After Captain Tolleson's Administrative Review of all the Evidence and recorded images he reported that Probable Cause did exist and Hearing was set for July 20, 2010. City's Evidence "WSRL 2 ", the "A" frame, which shows the date, the red phase for one tenth (1/10) of a second in lane 3; along with "WSRL 3 ", the `B" frame exhibiting the vehicle in the intersection on a steady Red Light were displayed. Then, "WSRL 4 ", the vehicle's license plate was shown, followed by the recorded images. The video was shown again. CITY OF WINTER SPRINGS, FLORIDA M INUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 20, 2010 PAGE 5 OF 18 The "Photo Enforced" sign was displayed. Captain Tolleson then provided "WSRL 5" the "Camera Log" and "WSRL 6" the "Violation Evidence Report" saying, "Which is Violation information which shows the date, time at the intersection and registered owner Mr. Lewis is here this evening. And, this is City's Evidence `WSRL 7' which shows that the letter was received disputing Violation set for Code Board and the review was conducted and set for this evening." Mr. Anthony Lewis, 692 Tuscora Drive, Winter Springs, Florida: stated his address on the PowerPoint presentation was incorrect. Discussion ensued regarding the traffic light colors and the sequence of the colors on the Traffic Control Equipment. The video was again viewed by those in attendance. City's Evidence was again examined and discussion of the light sequencing ensued. The video was once again shown. "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 CONTROLS." MOTION BY BOARD MEMBER FISHER. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Chairman Wood confirmed that the Respondent understood that no points would be accessed on his driver's license. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1221000012121 Kim T. And Noella J. Bartoli 9003 Island Bay Circle Sanford, Florida 32771 -6349 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson announced to the Board that the CD entitled "WS 1" will be the PowerPoint presentation and then began by providing the history of this Infraction which took place at the intersection of State Road 434 and Winding Hollow Boulevard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE6OF 18 Following, Captain Tolleson stated, "On April 28, 2010, the 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 a Notice of Infraction. That Infraction was issued on April the 29 2010 to the registered owner Kim and Noella Bartoli. On May the 19 2010 American Traffic Solutions (LLC) received the request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code." It was then explained by Captain Tolleson that the system requires and schedules an Administrative Review of all Evidence and the Infraction which was set for June 3, 2010, where he found Probable Cause did exist and scheduled the Hearing set for July 20, 2010. Following, Captain Tolleson then stated, "This is City's Evidence `WSRL 2' which is the `A' frame — shows the red time is at one (1) second, lane 2, the date of 4/21/2010, 7:45 a.m. This is City's Evidence `WSRL 3' which shows the vehicle in the intersection with red time of 1.9 (seconds). This is City's Evidence `WSRL 4' which shows the license plate of the vehicle and this is the recording." Video was again displayed then, the "Photo Enforced" sign was shown as posted. Next, the "Camera Log ", "WSRL 5 ", the "Violation Evidence Report", "WSRL 6" and the "Notes" relating to this case, "WSRL 7" were presented. Ms. Kim T. Bartoli, 9003 Island Bay Circle, Sanford, Florida: noted that the record reflected the wrong time that it was at 7:45 a.m. and then stated, "I was going to Lake Howell (High School) because that is where I teach and there was a car after I got off — (State Road) 419 that kept following me and playing this game." Ms. Bartoli said, "I got nervous and I just went." Discussion ensued about the Respondent's tire being flat. Vice Chairman Pitts remarked, "There is a provision in the Code that excuses running the Red Light; there are a number of them, but they are very much defined. The only one (1) that even comes close to your situation is `The driver of the subject motor vehicle was required to Violate the steady red traffic control signal in order to reasonably protect the property or person on another'." Discussion. Captain Tolleson mentioned, "We have had on several occasions, people who have stated that this kind of action has happened. However, they have also made Police Reports at that time. The Police Report was uploaded into the Record and Case is dismissed. I believe if we were that nervous that indeed that call would have been made at the time, not brought up this evening." Ms. Bartoli remarked, "I did call." The Respondent then continued and said, "The person that I spoke to, the Sergeant, I don't remember his name, I should have wrote it down; but, he told me to definitely come tonight because he said, `You know, you do have reason'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 7 OF 18 Captain Tolleson commented, "I am not sure who she would have spoken to, but if it was a Sergeant, it wasn't our Agency as we do not have Sergeants." Discussion. "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 RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER FISHER. SECONDED BY CHAIRMAN WOOD. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: NAY BOARD MEMBER WEISMAN: NAY MOTION DID NOT CARRY. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #1221000012444 Michael J. And Audrey M. Genco 1698 Sarong Place Winter Park, Florida 32792 -6332 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #1221000012634 Marisella And Danny J. Estrada 8670 Oak Bluff Drive Orlando, Florida 32827 -5107 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided the PowerPoint presentation and when Chairman Wood inquired if the Respondent was present, Captain Tolleson replied, "Yes." Next, Captain Tolleson proceeded with his Testimony indicating that the Violations took place on April 27, 2010 at 7:33 a.m. at the intersection of State Road 434 and Winding Hollow Boulevard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 8 OF 18 Following, Captain Tolleson stated, "On April the 29 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 and that Infraction was issued on April the 30 to the registered owners, Marisella and Danny Estrada." Captain 'Tolleson then explained on May 21, 2010 that American Traffic Solutions, LLC received Estrada'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 that he performed an Administrative Review on June 9, 2010 where he found Probable Cause still existed. City's Evidence "WSRL 2" the "A" frame displaying the date and time of the Violation was shown along with "WSRL 3" the "B" frame indicating the red time at 1.8 seconds with the vehicle located in the intersection. Next displayed was "WSRL 4 ", a photograph of the license plate followed by the recorded images. The video was again shown to those in attendance which followed by a photograph of the "Photo Enforced" sign. Captain Tolleson then remarked, "City's Evidence `WSRL 5', which is the `Camera Log' shows that signs were posted, the deployment start, Violation date and — all operation tests passed. This is City's Evidence `WSRL 6' which shows the Violation information, registered owner, intersection, date and time and City's Evidence `WSRL 7' which shows that the Hearing was conducted and the Administrative Hearing set it for a Hearing this evening." Ms. Marisella Estrada, 8670 Oak Bluff Drive, Orlando, Florida: addressed the Board and stated, "The sun was very bright, almost literally in my face." Chairman Wood asked, "So, you ran the red light, though ?" Ms. Estrada replied, "I did." Discussion. "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 CHAIRMAN PITTS. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JULY 20, 2010 PAGE 9 OF 18 PUBLIC HEARINGS — NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #1221000014085 Seyed Amir Sina Ghiassi Afjeh 2318 Carnation Hill Court Orlando, Florida 32820 -2285 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented Testimony for the City and stated, "On May 12`'', 2010 at 3:09 p.m., at the intersection of the East Bound lane 2 State Road 434 and Vistawilla Drive, a silver Honda, Florida Registration I15 4WU passed through the intersection on a steady Red Light captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." Following, Captain Tolleson explained his review of the recorded images and indicated he found that Probable Cause did exist to issue a Notice of Infraction to the registered owner Seyed Amir Sina Ghiassi Afjeh on May 19, 2010. Continuing, Captain Tolleson then mentioned, "On June 8"', 2010 American Traffic Solutions (LLC) received the request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. The system required and scheduled an Administrative Review of all Evidence and the Infraction which was set for June 23` 2010." After his Administrative Review, Captain Tolleson indicated that Probable Cause did exist and the Hearing was set for July 20, 2010. Following the history of this Case, Captain Tolleson displayed "WSRL 2" which was the "A" frame that showed the vehicle in lane 2 with a red time of point two (.2) seconds. Tape 1 /Side B Next, "WSRL 3" displaying the additional red time with the vehicle in the intersection and then, City's Evidence "WSRL 4" which showed the license plate was viewed. The video of the vehicle passing through the steady Red Light was then shown for those in attendance. After the video, the "Photo Enforced" sign was displayed followed by "WSRL 5 ", the "Camera Log Report", "WSRL 6 ", the "Violation Evidence Report" and "WSRL 7" containing "Notes" regarding this Case. Chairman Wood commented, "Please let the Record show the Respondent is not present." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 10 OF 18 "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 VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #1221000015082 Kathleen Ambrosio -Moore 407 Harbor Winds Court Winter Springs, Florida 32708 -5702 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided details related to this Case to the Board by stating, "On May the 24 2010 at 8:57 a.m., at the intersection of the east bound lane 2 State Road 434 and Winding Hollow Boulevard, a black BMW, Florida Registration 496 KEA passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83. On May the 25 2010, the Violation recorded images were reviewed by Lieutenant Ron Cox, 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 May the 26 2010 to the registered owner, Ms. Moore." Next, it was explained by Captain Tolleson that the Notice to Contest the Infraction was received by American Traffic Solutions, LLC on June 14, 2010 and then said, "Additionally, the system required and scheduled an Administrative Review which was set for June 28 2010. On June 28 2010 that Administrative Review was conducted by myself of the Evidence and recorded images and upon re- review Probable Cause did exist and a Hearing set for this evening, July 20 2010." Continuing, Captain Tolleson provided City's Evidence, "WSRL 2 ", which was the "A" frame and Chairman Wood asked, "What does the speed show ?" Captain Tolleson replied "Fifty (50) (miles per hour)." Next Captain Tolleson noted, "City's Evidence `WSRL 3' which shows that the red phase is now at 1.0 (seconds) the vehicle is in the intersection of lane 2." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 20, 2010 PAGE 11 OF 18 Next, City's Evidence "WSRL 4" which shows vehicle and the license plate were viewed, followed by the recorded images. The "Photo Enforced" sign was then displayed. Afterwards, Captain Tolleson then provided City's Evidence "WSRL 5" entitled, "Camera Log Report" and stated, "Which shows that signs were posted the deployment date, Violation date and deployment end; all operational tests passed." The "Violation Evidence Report", "WSRL, 6" was shown next along with "WSRL 7 ", which included all the "Notes" relating to this Case. Ms. Kathleen Ambrosio- Moore, 407 Harbor Winds Court, Winter Springs, Florida: addressed the Board and said, "I can tell you that I have a sixteen (16) year old daughter that was driving the vehicle at the time. I was in the car. She has a Learner's Permit." Discussion. The video was again viewed by those in attendance. Chairman Wood commented, "I wish she was here this evening." The Respondent explained that her daughter was in Alabama. Discussion ensued on the timing of the yellow light. "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 FISHER. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. Chairman Wood said to Ms. Moore, "She does not have any points against her, okay ?" Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 12 OF 18 PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #10- 0022083 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 -2518 Section 12.53. (Disabled Motor Vehicle) Date Of Service: Certified — June 25, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau — Police Department CASE #10- 0022340 Sean C. Blake 382 Panama Circle Winter Springs, Florida 32708 -3495 Section 12 -53. (Disabled Motor Vehicle) Date Of Service: Certified — Proof Of Delivery July 7, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau — Police Department CASE #10- 0022351 Shiomi Humphrey 221 Tides Road Winter Springs, Florida 32708 -3125 Section 20 -411. (Trailer) Section 20 -434. (Trailer) Date Of Service: Certified — June 25, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 13 OF 18 PUBLIC HEARINGS - NEW CASES 502.10 Code Enforcement Bureau — Police Department CASE #10- 0022505 Kenneth G. And Samantha Furboter 204 South Moss Road Winter Springs, Florida 32708 -3302 Section 13 -2. (Trash And Debris) Date Of Service: Certified — Returned "Unclaimed" — July 4, 2010 Inspector — Butch West This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.11 Code Enforcement Bureau — Police Department CASE #10- 0022797 Maria And Luis R. Esteves 1112 Orange Avenue Winter Springs, Florida 32708 -2818 Section 6 -217. (No Pool Enclosure) Date Of Service: Certified — June 28, 2010 Inspector — Butch West Inspector Butch West, City of Winter Springs Police Department, Code Enforcement Bureau presented this Case to the Board and provided "WS 2 ", an "Affidavit of Posting" along with "WS 3 ", the "Certified Returned Receipt ". Next, Inspector West read Section 6 -217. of the City Code and then stated, "I first observed this Violation on May the 6 2010. The regular door hanger Notice of Code Violation was mailed by regular mail to the owner of the property, as is our practice. The property failed Re- Inspection on 06/16[/2010], 06/25[/2010], 06/30[/2010], 07/01[/2010], 07/06[/2010], 07/11[/2010], 07/15[/2010] and 07/19[/2010] all of this year." It was then explained by Inspector West that a Notice of Violation was sent via Certified Mail to Maria and Luis Esteves on June 7, 2010, which was signed for by Mr. Esteves. Inspector West through a chronological order of events explained to the Board, "I began trying to contact the real estate agent and eventually spoke with a Ms. Martinez, who identified herself as the proprietor of Property Consultants, and said she `Thought the problem had been corrected'. Ms. Martinez identified Mr. Jose Castro as her Agent for the property. After I made several attempts to contact Mr. Castro at the numbers provided by Ms. Martinez she advised that she would contact Mr. Castro and instruct him to call me immediately." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 14 OF 18 Next, Inspector West mentioned to the Board that Mr. Castro met with Inspector Wayne Wagner, City of Winter Springs Police Department, Code Enforcement Bureau on June 25, 2010 who discussed the seriousness of a proper pool barrier and that the problem needed to be corrected immediately for the health and safety of the community. Inspector West conveyed that Mr. Castro, before leaving the meeting, agreed to comply by purchasing orange plastic construction fence to secure the pool and spa area and advised Inspector Wagner that he would contact Code Enforcement Bureau for Re— Inspection when the barrier was in place. On June 30, 2010, having not heard from Mr. Castro, the property was Re- Inspected and found in Non - Compliance and Code Board action was initiated on July 1, 2010. Inspector West mentioned he then spoke to Ms. Martinez on July 6, 2010 and stated, "I told her I was preparing Board action but I would rather see the property be brought into Compliance voluntarily. On the 8` of July [2010] Mr. Castro met with CEO (Code Enforcement Officer) Wagner at the Winter Springs PD (Police Department) — and he advised he was working with the Bank to obtain a purchase order for the temporary barrier. Mr. Castro could not provide a time frame when he expected the property to come into Compliance. As of this date — of July 2010, the property is still not in Compliance with the Code and in my opinion presents a serious health and safety hazard to the community. Again, on 10, July [2010], the Notice of Code Board Hearing was Posted on the front door of the property. The property is still in Non — Compliance as of today, the 20 of July [2010] and we are asking for a Finding of Fact and Relief." Photos of the property and the pool area were then displayed. Discussion ensued on the Building Permit and the Inspection process of this property. Chairman Wood asked, "Is the Respondent here ?" Inspector West replied, "Not to my knowledge." Further discussion ensued regarding Inspections of this property. "I WOULD LIKE TO MAKE A PAGE 5 FINDING OF FACT `MOTION WHERE VIOLATION IS FOUND TO HAVE EXISTED AS OF THIS HEARING'." MOTION BY BOARD MEMBER FISHER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 15 OF 18 "THE CITY OF WINTER SPRINGS VERSUS MARIA AND LUIS R. ESTEVES, CASE NUMBER 10- 0022797. 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 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 -217. NO POOL ENCLOSURE 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 MR. AND MRS. (MARIA AND LUIS R.) ESTEVES, (CASE NUMBER 10- 0022797) HAS VIOLATED SECTION 6 -217. NO POOL ENCLOSURE 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. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 20, 2010 PAGE 16 OF 18 "RELIEF ORDER `A' PAGE 11." MOTION BY BOARD MEMBER FISHER. CHAIRMAN WOOD ASKED, "WHAT KIND OF FINE ARE WE LOOKING AT BOARD MEMBER FISHER ?" BOARD MEMBER FISHER REPLIED, "TWO HUNDRED AND FIFTY (DOLLARS) [$250.00] AND FIVE HUNDRED (DOLLARS) [$500.00]." CHAIRMAN WOOD THEN INQUIRED, "WOULD YOU LIKE A READING OF THAT FROM THE CLERK ?" BOARD MEMBER FISHER ANSWERED, "YES. THE NUMBER OF DAYS, TEN (10) DAYS." CHAIRMAN WOOD STATED, "TEN (10) DAYS." VICE CHAIRMAN PITTS ANNOUNCED, "THAT IS PRETTY LENIENT." CHAIRMAN WOOD THEN NOTED, "WE HAVE DONE FIVE (5) DAYS BEFORE. FIVE (5) DAYS ?" NO OBJECTIONS WERE VOICED. ASSISTANT TO THE CITY CLERK COUTANT ASKED, "IS THAT BUSINESS OR CALENDAR ?" CHAIRMAN WOOD REMARKED, "FIVE (5) BUSINESS DAYS." NO OBJECTIONS WERE VOICED." "THE CITY OF WINTER SPRINGS VERSUS MARIA AND LUIS R. ESTEVES, CASE NUMBER 10- 0022797 HAVING BEEN FOUND GUILTY FOR VIOLATING SECTION 6 -217. NO POOL ENCLOSURE OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) BUSINESS DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE (CITY) CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PERIOD, 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 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 FIVE HUNDRED DOLLARS ($500.00) 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 - JULY 20, 2010 PAGE 17 OF 18 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 VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.12 Code Enforcement Bureau — Police Department CASE #10- 0022846 Casey Sanpal 404 South Hawthorne Street Winter Springs, Florida 32708 -3450 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — June 25, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JULY 20, 2010 PAGE 18 OF 18 ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 8:11 p.m. The Regular Meeting of Tuesday, July 20, 2010 of the Code Enforcement Board was called to back to Order by Chairman Laura -Leigh Wood at 8:l 1p.m. Vice Chairman Pitts asked Captain Tolleson about the "Photo Enforced" sign, "That picture was taken a long time ago when they were doing that construction. I would suggest you get a new updated picture." Captain Tolleson commented, "I agree with what you are saying, Sir, but at the time of that Violation, that was what the sign looked like." Chairman Wood adjourned the Regular Meeting at 8:12 p.m. RESPECTFULLY SUBMITTED: GAY LE COUTANT - ASSiSTA.NT TO THE CITY CLERK NOTE: These Minutes were approved at the August 17, 2010 Code Enforcement Board Regular Meeting.