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HomeMy WebLinkAbout2011 01 18 Consent 200 Approval Of November 16, 2010 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 16, 2010 CALL TO ORDER The Regular Meeting of Tuesday, November 16, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:03 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 Hugh Fisher, present Board Member Dick Crenshaw, present Board Member Barbara Croswell, present Board Member Carole Giltz, present Board Member Tony Ingria, present Board Member Leah Weisman, present Attorney Catherine Reischmann, present Chairman Wood mentioned there were no absences. Chairman Wood then recognized former Vice Chairman Jim Pitts who was in attendance and thanked him for his service with the Citizen's On Patrol. A moment of silence for our Troops in Afghanistan and the Pledge of Allegiance followed. Assistant to the City Clerk Gayle 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 - NOVEMBER 16, 2010 PAGE 2OF7 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The August 17, 2010 Regular Meeting Minutes. Chairman Wood asked, "I would like to ask if I can get a Motion for the Approval of the Minutes for August 17 2010, Regular Meeting Minutes ?" "SO MOVED." MOTION BY VICE CHAIRMAN FISHER. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN FISHER: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney No Reports. REPORTS 401. Code Enforcement Bureau Captain Glenn Tolleson, Code Enforcement Bureau, Police Department introduced Christi Flannigan as the new Code Enforcement Officer. Next, Captain Tolleson announced that Attorney Catherine Reischmann was present this Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 2010 PAGE 3 OF 7 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. 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 - NOVEMBER 16, 2010 PAGE 4 OF 7 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #10- 0023807 Cory J. Kaiser 552 Oak Court Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — October 25, 2010 Returned "Unclaimed" Inspector — Jim Flannigan Inspector Flannigan announced he would be providing the Testimony for this Case and entered "WS 1" and the Notice of Posting, "WS 2" into Evidence. Continuing, Inspector Flannigan then stated, "On August 27 2010, I received a complaint that this property had debris on it. I was also informed that this house has also been vacant for over a year and juveniles have been observed entering the house and caused vandalism at the house. I checked the property and observed old tires and other debris on the property." Inspector Flannigan then explained that a Notice of this Violation was Posted and mailed to the Respondent by registered letter and First Class mail. However, the registered letter was returned as unclaimed and the First Class mail was not returned. Dates of failing Re- inspections were cited and Inspector Flannigan then remarked, "This property is still in Non - Compliance. We are asking for Finding of Fact and Relief (Order)." Those in attendance were then shown photographs of the property in Violation. "I WOULD LIKE TO MAKE A MOTION — PAGE 5, FINDING OF FACT, WHERE A VIOLATION HAS FOUND TO HAVE EXISTED." MOTION BY VICE CHAIRMAN FISHER. CHAIRMAN WOOD ANNOUNCED, "WE WOULD LIKE GAYLE (COUTANT) TO READ THAT, PLEASE." "THE CITY OF WINTER SPRINGS VERSUS CORY J. KAISER, CASE NUMBER 10- 0023807. 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 13 -2. TRASH AND DEBRIS OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 2010 PAGE 5 OF 7 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. CORY J. KAISER (CASE NUMBER 10- 0023807) HAS VIOLATED SECTION 13 -2. TRASH AND DEBRIS OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY ASSISTANT TO THE CITY CLERK COUTANT. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER CROSWELL: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER INGRIA: AYE MOTION CARRIED. "I RECOMMEND THAT TO GO AHEAD AND USE (RELIEF ORDER) `A', WITH TEN (10) DAYS NOTICE AND A TWO HUNDRED AND FIFTY DOLLAR FINE ($250.00)." MOTION BY BOARD MEMBER CRENSHAW. CHAIRMAN WOOD ASKED BOARD MEMBER CRENSHAW FOR "A REPEAT VIOLATION." CHAIRMAN WOOD ADDED, "WHAT ARE YOU PROPOSING ?" BOARD MEMBER CRENSHAW RESPONDED, "FIVE HUNDRED (DOLLARS) [$500.00]." DISCUSSION ENSUED ON THE FEES, SAFETY ISSUES CONCERNING WITH THIS VIOLATION AND THE POSSIBILITY OF THE CITY CLEANING UP THIS PROPERTY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 16, 2010 PAGE 6OF7 SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VICE CHAIRMAN WOOD STATED, "TO CLARIFY FOR THE RECORD, WE HAVE A MOTION FROM BOARD MEMBER CRENSHAW OF RELIEF ORDER `A', TWO (HUNDRED) FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED [DOLLARS] ($500.00)." THE LENGTH OF TIME FOR CORRECTION OF THE VIOLATION WAS DISCUSSED. "THE CITY OF WINTER SPRINGS VERSUS CORY J. KAISER, CASE NUMBER 10- 0023807 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13 -2. TRASH AND DEBRIS OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN TEN (10) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO [HUNDRED] 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. 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." VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER GILTZ: AYE BOARD MEMBER CROSWELL: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 16, 2010 PAGE 7 OF 7 PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS — NON - COMPLIANCE CASES 503. Not Used. REGULAR AGENDA REGULAR 600. Not Used. ❖❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ REPORTS 401. Code Enforcement Bureau Captain Tolleson spoke of a Case he had started and completed and mentioned that earlier in November, a Winter Springs Police Officer had responded to an elderly citizen's home. Photographs of an 1,800 square foot home were then displayed. Captain Tolleson mentioned that the work which the City performed was Liened on the property. Chairman Wood commented, "That is beyond the call of duty." ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:45 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 1 2010 Code Enforcement Board Regular Meeting.