Loading...
HomeMy WebLinkAbout2011 06 21 Consent 200 Approval of May 17, 2011 Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 17, 2011 CALL TO ORDER The Regular Meeting of Tuesday, May 17, 2011 of the Code Enforcement Board was called to Order by Vice Chairman Hugh Fisher at 7:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Vice Chairman Fisher announced that Chairman Laura -Leigh Wood and Board Member Carole Giltz were both absent and Excused from this meeting. Roll Call: Chairman Laura -Leigh Wood, absent (Excused) Vice Chairman Hugh Fisher, present Board Member Dick Crenshaw, present Board Member Barbara Croswell, present Board Member Carole Giltz, absent (Excused) Board Member Tony Ingria, present Board Member Leah Weisman, present Assistant City Attorney Kate Latorre, present There was a moment of silence followed by the Pledge of Allegiance. Vice Chairman Fisher inquired about Agenda changes, in which Assistant to the City Clerk Gayle Coutant noted, "We will not be hearing Agenda Item `502.1 F." Following, Assistant to the City Clerk remarked that Agenda Item "502.1" was not on the Agenda. 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 - MAY 17, 2011 PAGE 2 OF 19 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The March 15, 2011 Code Enforcement Board Regular Meeting Minutes. Vice Chairman Fisher asked, "Do I have a Motion for the Approval of the March 15, 2011 Minutes ?" "SO MOVED." MOTION BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER INGRIA: 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 There were no Reports. REPORTS 402. Office Of The City Clerk No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 3 OF 19 REPORTS 403. Code Enforcement Chairman No Report was given. REPORTS 404. Code Enforcement Vice Chairman No Report. REPORTS 405. Code Enforcement Board Members There were no Reports. 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. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 4 OF 19 PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #10- 0024508 Bank Of America 829 Leopard Trail Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — Proof Of Delivery April 25, 2011 Inspector — Christi Flannigan Inspector Christi Flannigan, Code Enforcement Bureau, Police Department stated, "I'd like to enter the CD into Public Record." Vice Chairman Fisher noted he was labeling the Evidence as "WS 1 ". Inspector (Christi) Flannigan began her Testimony and mentioned, "I first observed the Violation on 12/30/2010. I Notified the property owner at the time who also advised us that the actual owner is Bank of America because it went into foreclosure. So, I've Notified Bank of America also, of the fence being in disrepair. I noticed that in the front of the property, they've corrected that part, but the portion of the fence on Tuskawilla Road has not been corrected." Dates that the property had failed Re- Inspection were provided and Inspector (Christi). Flannigan commented, "Certified Mail was signed by the previous owner, Lawrence Spahn on January 20 th , ( 2011) and then Bank of America signed for the Certified Notice on March 28 1h , ( 2011)." Continuing, Inspector (Christi) Flannigan said, "I'm asking for Finding of Fact and Relief." Photographs of the property were displayed to those present at this meeting. Vice Chairman Fisher noted, "Let the Record reflect that the Respondent is not present." MOTION THAT THE RESPONDENT WAS FOUND IN VIOLATION OF SECTION 6 -196. OF THE CITY CODE — AND THAT THE VIOLATION BE CORRECTED WITHIN FIVE (5) BUSINESS DAYS; OTHERWISE, THE PROPERTY OWNER WOULD BE ASSESSED A FINE OF ONE HUNDRED DOLLARS ($100.00) PER DAY UNTIL THE VIOLATION WAS BROUGHT INTO COMPLIANCE. MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. ASSISTANT CITY ATTORNEY KATE LATORRE THEN SAID, "THE MOTION WAS TO FIND THE PROPERTY IN VIOLATION, GIVE THEM FIVE (5) BUSINESS DAYS TO COMPLY AND THEN IF THERE'S NON - COMPLIANCE AFTER FIVE (5) BUSINESS DAYS, THEN IT'S ONE HUNDRED DOLLARS ($100.00) PER DAY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 5 OF 19 VOTE: BOARD MEMBER CROSWELL: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #11- 0025165 Sheryl A. Hathaway 738 South Edgemon Avenue Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — Proof Of Delivery April 25, 2011 Inspector — Jim Flannigan Inspector Jim Flannigan, Code Enforcement Bureau, Police Department advised the Board that he would be presenting Testimony on this Case and then noted that Evidence had been submitted on the CD as "WS 1 ". Continuing with the PowerPoint presentation, Inspector (Jim) Flannigan then stated, "On February 16 2011, I observed that there was debris being stored in the driveway. The debris was under a blue tarp which covered the contents. I attempted contact with the residents and was unsuccessful. A written Warning was Posted for outdoor storage, junk and debris. I received a voice mail from the property owner, the next day, I believe it was; Sheryl Hathaway stating that she was not able to move the items without help. A Notice of Code Violation was mailed to Sheryl Hathaway by Registered letter and was signed for her on March 12 2011. The property failed Re- Inspection on March 30 (2011), April 22" ( 2011), May 12 th , ( 2011), and today May 17 th , 2011. This property is still in Non - Compliance. We are asking for Finding of Fact and Relief" Next, photograph slides were presented. Inspector (Jim) Flannigan commented, "I do have the Certified letter receipt that she did receive Notice of this meeting this evening." Vice Chairman Fisher said, "That will be `WS 2'. Next, Vice Chairman Fisher noted, "Let the Record reflect that the Respondent is not present." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 6 OF 19 "I MOVE TO FIND THE RESPONDENT IN THIS CASE, IN VIOLATION OF THE CITY CODE AS CHARGED AND — CORRECTION OF VIOLATION MUST BE DONE WITHIN SEVEN (7) WORKING DAYS FROM TODAY. IN THE EVENT THE RESPONDENT DOES NOT COMPLY WITH THE DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESAID DATE. THE RESPONDENT IS FURTHER ORDERED TO CONTACT THE CODE INSPECTOR TO VERIFY COMPLIANCE TO THE ORDER." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #11- 0025195 Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section IPMC 304.13. (Broken Window) Date Of Service: Certified — April 22, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan announced she would be providing Testimony to the Code Enforcement Board. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department then commented, "Just as a note to the Board, the actual next six (6) Cases, including this one are all at the same residence. So, the Posting date in each one — was all done at the same time. Each one, however, was done individually, Posted individually, Noticed individually, but we are going to enter them as we go through each one." Discussion ensued regarding hearing all the Cases and making one (1) Motion; however, Captain Tolleson noted, "We are set up to proceed individually." Vice Chairman Fisher referred to the Posting document and labeled the Evidence as "WS 2 ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 7 OF 19 Inspector (Christi) Flannigan presented Testimony through a PowerPoint presentation and stated, "I first observed this on February 17 th , ( 2011). It failed inspection March 2 nd (2011), March 7 th , ( 2011), March 10 th , ( 2011), March 18 th , ( 2011), March 22 nd , ( 2011), April 4 th , ( 2011), April 18 th , ( 2011), April 27 th , ( 2011), May 16 th , ( 2011), and again today (May 17 2011). The Certified Mail was returned undelivered on April 4 th , ( 2011). The property was Posted on May 7 th , ( 2011)." Continuing, Inspector (Christi) Flannigan mentioned, "There's been no contact at all from the property owner and there's no listing in the (Seminole County) Clerk (of the Court's) office in the Public Records for it being under foreclosure at this time; asking for Finding of Fact and Relief. Photographs of the broken windows were shown. Vice Chairman Fisher noted, "Let the Record reflect that the Respondent is not present." Board Member Barbara Croswell inquired, "Is anyone living in this house ?" Inspector (Christi) Flannigan responded, "No, it is Vacant." "I MOVE TO FIND RESIDENT MS. KATHRYN FAIRCHILD, IN THIS CASE IS IN VIOLATION OF THE CITY CODE AS CHARGED AND THAT SHE MUST CORRECT THE VIOLATION BEFORE 1:00 P.M. ON — JUNE 2 ND , ( 2011). IN THE EVENT RESPONDENT DOES NOT COMPLY BY THIS DATE, A FINE OF ONE HUNDRED DOLLARS PER DAY ($100.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESAID DATE. THE RESPONDENT IS FURTHER ORDERED TO CONTACT THE CODE ENFORCEMENT BOARD (INSPECTOR) TO VERIFY COMPLIANCE WITH THIS ORDER." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER CROSWELL. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER INGRIA: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Discussion regarding homestead ensued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 8 OF 19 PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #11- 0025196 Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 6 -165. And IPMC 304.13. (Unsafe Building And Soffits) Date Of Service: Certified — April 22, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan presented the Posting as Evidence in which Vice Chairman Fisher labeled "WS 2 ". Next, Inspector (Christi) Flannigan provided Testimony to this Case and stated, "I first observed this (Violation) on February 17 after I found a separate Violation." Dates this property failed inspection for this Violation were listed and Inspector (Christi) Flannigan mentioned, "Certified Mail was returned undelivered." Continuing, Inspector (Christi) Flannigan remarked, "The property was posted on May 7 t11 (2011) by (Inspector) Jim Flannigan. There are several areas in the soffits that are missing the vent covers that are allowing animals and other rodents to enter into the residence. On March 10 th , ( 2011), I spoke with lawn maintenance. He said he worked for the Bank. He did not advise who the Bank was and would not release that. He said it was private and he said that his only extent was to maintain the yard. There's been no contact at all from the property owner; asking for Finding of Fact and Relief." Photographs of the Violation were shown to those present at this Hearing. Board Member Tony Ingria addressed his concern with the owner not receiving the Notices. Captain Tolleson commented, "We know where her address is and she has been served there and she will be served with whatever is ruled tonight. However, it has to do with her property that she still owns. There's has been no lease and there's been nothing other than she's still the property owner." Vice Chairman Fisher then stated, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record reflect that the Respondent is not present." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 9 OF 19 "I MOVE TO FIND RESPONDENT IN THIS CASE, IN VIOLATION OF THE CITY CODE AS CHARGED AND THAT RESPONDENT CORRECT THE VIOLATION BEFORE 1:00 P.M. ON — JUNE 2 2011. IN THE EVENT RESPONDENT DOES NOT COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESAID DATE. THE RESPONDENT IS FURTHER ORDERED TO CONTACT THE CODE INSPECTOR TO VERIFY COMPLIANCE WITH THIS ORDER." MOTION BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER CROSWELL: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER INGRIA: AYE MOTION CARRIED. Discussion ensued regarding the new Motions that were Approved at the last meeting. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #11- 0025197 Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section IPMC 304.2. (Exterior Wall — Peeling) Date Of Service: Certified — April 22, 2011 Inspector — Christi Flannigan Vice Chairman Fisher asked Inspector (Christi) Flannigan, "Do you have any items to be presented into Evidence ?" Inspector (Christi) Flannigan stated, "`WS 2', it's the Posting Affidavit from May 7 th , ( 2011)," and then be an her Testimony saying, "I first observed the paint on the side of the house February 17 , 2011; Failed Re- Inspection on March 2" (2011), March 7 th , ( 2011), March 10 th , ( 2011), March 18 th , ( 2011) March 21 st , ( 2011), th , ( 2011), April 6 th , ( 2011), April 7 th , ( 2011), April 18 th , ( 2011), April 27 April 4 (2011), May 9 th , ( 2011), May 11 th , ( 2011), May 16 th , ( 2011) and today, May 17 (2011)." Inspector (Christi) Flannigan again mentioned her conversation with an employee from the lawn maintenance company and that there has been no contact from the property owner and asked the Board for "Finding of Fact and Relief'. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 10 OF 19 Once again, Vice Chairman Fisher commented, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record that the Respondent is not present." Discussion. "I MOVE TO FIND RESPONDENT IN THIS CASE, IN VIOLATION OF THE CITY CODE AS CHARGED AND THAT RESPONDENT CORRECT THE VIOLATION BEFORE 1:00 P.M. ON JUNE 2 2011. IN THE EVENT RESPONDENT DOES NOT COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESTATED DATE. THE RESPONDENT IS FURTHER ORDERED TO CONTACT THE CODE INSPECTOR TO VERIFY COMPLIANCE WITH THIS ORDER." MOTION BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CROSWELL: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #11- 0025199 Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — April 22, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan presented Testimony to this Case and noted she first observed the Violation on February 17, 2011. Next, the dates in which this property failed Re- Inspection were listed. Following, Inspector (Christi) Flannigan noted, "Certified Mail was returned `Undelivered' on — April 4 2011. First Class Mail has not been returned. There's several phonebooks piled up at the front door. There was trash and debris all over the backyard." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 17, 2011 PAGE 11 OF 19 Inspector (Christi) Flannigan reminded the Board that she did speak to an employee from a lawn maintenance company and commented, "He advised that his only interest was to take care of the yard. He did clean up the back yard. He did not clean up the phonebooks and such at the front doors. There's been no contact from the property owner. I am asking for Finding of Fact and Relief." Next, photographs relating to this Case were shown. Vice Chairman Fisher commented, "Let the Record reflect that the Respondent is still not present." Inspector (Christi) Flannigan added, "I also would like to enter into Record, `WS 2' for this Case; the sworn Affidavit of Posting." "I MOVE TO FIND THE RESPONDENT IN THIS CASE, IN VIOLATION OF THE CITY CODE AS CHARGED AND THAT RESPONDENT CORRECT THE VIOLATION BEFORE 1:00 P.M. ON JUNE 2 ND (2011). IN THE EVENT RESPONDENT DOES NOT COMPLY WITH THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESAID DATE. THE RESPONDENT IS FURTHER ORDERED TO CONTACT THE CITY (CODE) INSPECTOR TO VERIFY COMPLIANCE WITH THIS ORDER." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. Tape 1 /Side B VOTE: BOARD MEMBER INGRIA: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 12 OF 19 PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau — Police Department CASE #11- 0025200 Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — April 22, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan provided a PowerPoint presentation and Testimony stating, "I first observed this Violation on February 17 th , ( 2011); failed Re- Inspection on March 2" d , ( 2011), March — (7 th , 2011), March 10 th , ( 2011), March 18 th , ( 2011), March 22" d (2011), April 4 th , ( 2011), April 6 th , ( 2011), April 18 th , ( 2011), April 27 th , ( 2011), May 9 th , ( 2011), May 10 th , ( 2011), May 16 th , ( 2011) and again today, May 17 th , ( 2011). The Certified Mail Receipt was — returned Undelivered on April 4 th , ( 2011). The First Class Mail has not been returned. The fence is in need of repair. The gate does not close correctly. It won't lock. There is no other enclosure for the pool." Next, Inspector (Christi) Flannigan again mentioned her conversation with the employee from the lawn maintenance company and asked the Board for Finding of Fact and Relief. Following, photographs relating to this Case were shown to those in attendance. Vice Chairman Fisher remarked, "An unsecure pool, particularly one that is stagnant is pretty serious." Inspector (Christi) Flannigan then said, "I also would like to enter into Evidence `WS 2' for this Case, the Posting Affidavit by (Inspector) Jim Flannigan." Next, Vice Chairman Fisher commented, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record that the Respondent is not present." BOARD MEMBER TONY INGRIA MOTIONED "TO FIND RESPONDENT IN THIS CASE, IN VIOLATION OF THE CITY CODE AS CHARGED AND THAT RESPONDENT CORRECT THE VIOLATION BEFORE 1:00 P.M. ON JUNE 2ND, 2011. IN THE EVENT RESPONDENT DOES NOT COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESTATED DATE. THE RESPONDENT IS FURTHER ORDERED TO CONTACT THE CODE INSPECTOR TO VERIFY COMPLIANCE WITH THIS ORDER." BRIEF DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 13 OF 19 "I FIND THAT THE VIOLATION CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CITY COMMISSION SHALL BE NOTIFIED AND APPROPRIATE ACTION SHOULD BE TAKEN BY THE CITY TO BRING THE PROPERTY INTO COMPLIANCE. THE CITY IS ENTITLED TO RECOVER ITS REASONABLE COSTS OF SUCH SERVICES." ENTIRE MOTION BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau — Police Department CASE #11- 0025201 Kathryn A. Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — April 22, 2011 Inspector — Christi Flannigan Vice Chairman Fisher said, "Inspector (Christi) Flannigan, would you present your Case ?" Inspector (Christi) Flannigan began her Testimony saying, "I would like to enter into Evidence `WS 2', the — Affidavit of Posting by (Inspector) Jim Flannigan on May 7 th (2011).» Inspector (Christi) Flannigan noted, "I first observed this on February 17 th , ( 2011). Also there had been complaints from the neighbors in regards to the pool being stagnant." Following, dates this property failed Re- Inspection were listed along with Certified Returned Undeliverable Mail date. Continuing, Inspector (Christi) Flannigan mentioned the conversation she had with lawn maintenance; that there has been no contact with the property owner and, "I'm asking for Finding of Fact and Relief." Photographs of this Violation were shown to those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 14 OF 19 Vice Chairman Fisher offered the Respondent time to present Testimony saying, "At this time we would like to give the Respondent the chance to present Testimony. Is the Respondent present at this time? Let the Record that the Respondent is not present." BOARD MEMBER DICK CRENSHAW MOTIONED, "TO FIND THE RESPONDENT IN THIS CASE, IN VIOLATION OF THE CITY CODE AS CHARGED AND TO CORRECT THE VIOLATION BEFORE 1:00 P.M. ON JUNE 2 ND (2011). IN THE EVENT RESPONDENT DOES NOT COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESAID DATE. THE RESPONDENT IS FURTHER ORDERED TO CONTACT THE CODE INSPECTOR TO VERIFY COMPLIANCE WITH THIS ORDER." BRIEF DISCUSSION. "I FIND THAT THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CITY COMMISSION SHALL BE NOTIFIED AND APPROPRIATE ACTION SHOULD BE TAKEN BY THE CITY TO BRING THE PROPERTY INTO COMPLIANCE. THE CITY IS ENTITLED TO RECOVER ITS REASONABLE COSTS OF SUCH SERVICES." ENTIRE MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER INGRIA: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 15 OF 19 PUBLIC HEARINGS - NEW CASES 502.10 Code Enforcement Bureau — Police Department CASE #11- 0025354 Deutsche Bank Trust 962 Sequoia Drive Winter Springs, Florida 32708 Section 6 -165. And IPMC 304.9. (Unsafe Building And Soffits) Date Of Service: Certified — Proof Of Delivery April 25, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan stated "I would like to enter into Evidence `WS 2' for this Case," and began her Testimony showing a PowerPoint presentation and noted, "I first observed this on March 2" ( 2011) while driving by. It failed Re- Inspection on March 10 th , ( 2011), March 18 th , ( 2011), March 21 st , ( 2011), March 28 1h , ( 2011), April 4 th , ( 2011), April 6 th , ( 2011), April 18 th , ( 2011), April 20 (2011), April 27 th , ( 2011), May 9 1h , ( 2011), May 10 th , ( 2011), May 16 , ( 2011) and again today, May 17 th , ( 2011). Certified Mail was signed by David at Deutsche Bank on March 28 2011, notifying them of the Violations. There are large areas of the soffits that are missing. When I first observed them, they repaired a portion of it. There's still some that are falling. There's vent covers missing. There's been no contact from the owner of the property. There's been auction signs in the front yard on various occasions, but as of date, the property owner has not changed. I'm asking for Finding of Fact and Relief." Next, photographs were displayed to those in attendance. Vice Chairman Fisher remarked, "At this time, we would like to give the Respondent a chance to provide Testimony. Is the Respondent present at this time ?" No one spoke. Vice Chairman Fisher stated, "Let the Record reflect that the Respondent is not present." Additionally, Vice Chairman Fisher asked, "The unsafe condition of the building, is it that the open soffit would allow rodents and insects free access to the interior of the building ?" Inspector (Christi) Flannigan responded, "Yes." "I MOVE TO FIND — RESPONDENTS IN THIS CASE, IN VIOLATION OF THE CITY CODE AS CHARGED AND THAT — RESPONDENTS CORRECT THE VIOLATION BEFORE 1:00 P.M. ON JUNE 2" 2011. IN THE EVENT RESPONDENT DOES NOT COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY WILL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES PAST THE AFORESTATED DATE. THE — RESPONDENTS ARE FURTHER ORDERED TO CONTACT THE CODE INSPECTOR TO VERIFY COMPLIANCE WITH THIS ORDER." MOTION BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 16 OF 19 VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CROSWELL: AYE VICE CHAIRMAN FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.11 Code Enforcement Bureau — Police Department CASE #11- 0025434 Myra Y. Fizudeen 882 Bentley Green Circle Winter Springs, Florida 32708 Section IPMC 304.6. (Exterior Wall - Covering) Date Of Service: Certified — April 22, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.1 Code Enforcement Bureau — Police Department CASE #06- 0011389 Ruth Parham c/o Faithanne Snell 902 Gazell Trail Winter Springs, Florida 32708 Section 13 -2. (Junk) Date Of Service: Certified — Proof Of Delivery May 1, 2011 Inspector — Jim Flannigan Vice Chairman Fisher asked if Inspector (Jim) Flannigan had any items to present for Evidence. Inspector (Jim) Flannigan responded, "Yes — `WS 2' which is the Certified Mail Receipt of Delivery of Notification of the meeting this evening." Continuing, Inspector (Jim) Flannigan provided a PowerPoint presentation and began his Testimony stating, "This Case was originally Cited on January 13 2006 and issued a Notice of Violation. The property failed Re- Inspection and was taken to this Code Board on March 21 2006. A Guilty verdict was found by this Code Board. The owner was given seven (7) days to correct the Violation or be fined a hundred dollars ($100.00) per day until corrected. The Violation at that time was corrected." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 17 OF 19 Continuing, Inspector (Jim) Flannigan then remarked, "On April 5 2007 this property was Posted again with a Code Violation for junk and debris on the property. This Case was brought in front of this Code Board for Non - Compliance on May 15 2007. A Guilty verdict was found and a Fine of three thousand, two - hundred and fifty dollars ($3,250.00) was ordered to be enforced and collected. A Lien was filed on May 24 2007 for the Fine amount. The property was Re- inspected on June 8 2007 and was found to be in Compliance at that time for that Order." Inspector (Jim) Flannigan spoke of additional dates in which warnings were issued for junk and debris Violations in 2009, 2010, and the beginning of 2011 and noted that the property was cleaned up within a few days. Following, Inspector (Jim) Flannigan then remarked, "On March 8, 2011, I observed debris being stored again in the driveway on the side of the house. I Posted a written Notice on the front door. On April 28 2011 a Notice of Non - Compliance Code Board Hearing was mailed Registered letter to the owner, Ms. Ruth Parham. It was signed for by Amy Parham on April 29 2011." It was pointed out by Inspector (Jim) Flannigan that this property has been found in Non - Compliance for this incident, a total of thirty (33) days. Next, Inspector (Jim) Flannigan commented, "A Fine of two - hundred and fifty dollars ($250.00) for repeat Violation was imposed on the last Non - Compliance Hearing in 2007. For any repeat Violation, it would be two - hundred and fifty dollars ($250.00) a day. A Fine currently of eight thousand, two - hundred and fifty dollars ($8,250.00) is being requested for the thirty -three (33) days on Non - Compliance of this Violation. I am also requesting that the Fine be increased to five- hundred dollars a day ($500.00) for continued Violation for junk and debris." Next, photographs depicting the junk and debris of this property were displayed. Additionally, Inspector (Jim) Flannigan remarked, "I have contacted this individual, he's just not taking care of the problem. From 2006 until now, it is the same property owner; that has not changed." Discussion. After asking if the Respondent was present, Vice Chairman Fisher stated, "Let the Record reflect that the Respondent is not present." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 17, 2011 PAGE 18 OF 19 "I MOVE TO FIND THE RESPONDENT IN THE CASE, AS A REPEAT VIOLATION OF THE CITY CODE AS CHARGED AND BASED ON THE BOARDS PRIOR ORDER ENTERED INTO, AGAINST THE RESPONDENT OF THE SAME VIOLATION, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY — WAS IMPOSED FOR — THIRTY THREE (33) DAYS FOR A TOTAL OF EIGHT — THOUSAND, TWO - HUNDRED AND FIFTY DOLLARS ($8,250.00). IF NOT CORRECTED WITHIN THE GIVEN TIME FRAME, WHICH WOULD BE SEVEN (7) BUSINESS DAYS, WILL AGAIN BE FINED WITH AN INCREASE FINE OF FIVE HUNDRED DOLLARS ($500.00) PER DAY. THE RESPONDENT IS HEREBY ORDERED TO CONTACT THE CODE ENFORCEMENT OFFICER TO VERIFY COMPLIANCE WITH THE CODE." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. ATTORNEY LATORRE STATED, "JUST TO CLARIFY ONE THING, MR. (VICE) CHAIRMAN, THE MOTION WILL GIVE THE RESPONDENT SEVEN (7) BUSINESS DAYS TO CURE THE VIOLATION BEFORE THE FINE WILL BE INCREASED. SO, WE'RE IMPOSING THE EIGHTY -TWO HUNDRED [FIFTY DOLLAR] ($8,250.00) FINE TONIGHT, GIVING HIM SEVEN (7) DAYS TO COMPLY, TO FIX THINGS BEFORE THE FINE IS RAISED. SO, IF HE FIXES IT WITHIN SEVEN (7) DAYS AND CALLS THE CODE OFFICER, THE PREVIOUS ORDER STANDS." FURTHER DISCUSSION. VOTE: VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. In other business, Board Member Crenshaw commented, "The City Clerks' Office did an outstanding job the other day, putting on the dinner for us." Assistant to the City Clerk Coutant said, "Thank you. It was our pleasure." REGULAR AGENDA REGULAR 600. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 17, 2011 PAGE 19 OF 19 ADJOURNMENT Vice Chairman Fisher adjourned the Regular Meeting at 8:17 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 1 2011 Code Enforcement Board Regular Meeting.