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HomeMy WebLinkAbout2011 08 16 Consent 200 Approval Of July 19, 2011 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 19, 2011 CALL TO ORDER The Regular Meeting of Tuesday, July 19, 2011 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 Hugh Fisher, absent [Unexcused] Board Member Dick Crenshaw, absent [Excused] Board Member Barbara Croswell, absent [Excused]* Board Member Carole Giltz, present Board Member Tony Ingria, present Board Member Leah Weisman, present Assistant City Attorney Kate Latorre, present Chairman Laura -Leigh Wood announced Board Member Dick Crenshaw would not be attending and stated, "Board Member Crenshaw is Excused for this evening." Chairman Wood commented that there was no correspondence from Vice Chairman Hugh Fisher or Board Member Barbara Croswell at the time of the meeting and therefore were considered "Unexcused ". *Note from the Assistant to the City Clerk Gayle Coutant: A telephone message was received at City Hall before this Code Enforcement Board meeting of July 19, 2011 from Code Enforcement Board Member Croswell, noting Board Member Croswell not being able to attend because of a personal appointment. This information was relayed to Chairperson Wood on the morning of July 20, 2011 who instructed that Board Member Croswell's absence would thus be "Excused ". A moment of silence for our Armed Forces followed by the Pledge of Allegiance was next. Chairman Wood inquired, "Are there any Agenda changes this evening ?" Assistant to the City Clerk Gayle Coutant replied, "Yes, we will only be hearing Cases `502.1', `502.3', `503.1', `503.2', and — `503.5'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 2 OF 15 INFORMATIONAL AGENDA INFORMATIONAL 100. Office Of The City Attorney Review Of The "City Of Winter Springs, Florida Code Enforcement Board Policy And Procedure Manual ". Assistant City Attorney, Kate Latorre addressed the Board stating, "You have before you tonight a revised draft as your Code (Enforcement) Board Policy and Procedure Manual that the Clerk's Office and my Office had been working on together." Continuing, Attorney Latorre noted, "The majority of the revisions are to address the fact that your Board no longer has Alternates; it was eliminated a number of months ago by the City Commission and it's not required by Florida Statutes, so we removed all language to Alternates. Also, over the course of the past few months, you may recall that we've been kind of gradually updating the way that the Board is making Motions and entering Orders. We're going to eliminate the lengthy reading into the Record of the two (2) pages of verbiage, Relief Orders and Finding of Facts." Next, Attorney Latorre reviewed in summary the changes, page by page. Chairman Wood asked, "Do I have a Motion to Adopt this draft of the City of Winter Springs, Florida Code Enforcement Board Policy and Procedures Manual tonight ?" "YES." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Chairman Wood summarized that the sample Motions provided by the City Attorney were to be used as guidelines. Discussion ensued on Fines assessed with the Violations and Attorney Latorre stated, "I do encourage you to take every Case on its face, based on the Evidence that's presented during that Hearing." Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors who may be providing Testimony during the presentation of the Cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 3 OF 15 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The June 21, 2011 Code Enforcement Board Regular Meeting Minutes. Chairman Wood asked, "Do I have a Motion for the Approval of June 21 2011 Regular Meeting Minutes ?" MOTION TO APPROVE MINUTES BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The Citv A REPORTS 401. Code Enforcement Bureau • Staff To Discuss Previous Referenced 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 Captain Chris Deisler, Code Enforcement Division Police Department, stated, "This is an old Case where we have found some discrepancies in the Postings. What we'd like to is have that Case dismissed so that we can bring it forth to you folks as a fresh Case from ground zero." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 4 OF 15 MOTION BY BOARD MEMBER INGRIA TO DISMISS THIS CASE AS CAPTAIN DEISLER EXPLAINED. CHAIRMAN WOOD STATED, `BOARD MEMBER INGRIA HAS MADE A MOTION FOR US TO DISMISS." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. • Staff To Discuss Previous Referenced 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 Captain Deisler explained, "Same request is being made of Case number 11- 0025196, for the same reason, cited prior with regard to inconsistencies in the Posting. Again, we would like to bring that forward to you folks as a fresh Case from ground zero." Chairman Wood asked, "Any discussion? Any questions for Captain Deisler? Seeing none do we have a Motion ?" MOTION BY BOARD MEMBER INGRIA TO DISMISS THIS CASE AS CAPTAIN DEISLER EXPLAINED. CHAIRMAN WOOD STATED, "MOTION BY BOARD MEMBER INGRIA FOR US TO DISMISS CASE NUMBER 11- 0025196 THIS EVENING." SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 5 OF 15 Attorney Latorre clarified, "Given that these two (2) Cases were just dismissed, the previous Relief Orders or Board Orders in this Case will have been rendered Vacated. Staff is just going to start over. They need to stay in the — Code Enforcement file, but for purposes of the Record, those Orders, I think they were from the last meeting in June, they're Vacated." Statement Of Qualifications From Captain Chris Deisler, Code Enforcement Division, Police Department Captain Deisler presented his qualifications to the Board mentioning he has been with the Winter Springs Police Department since he was nineteen (19) years old and first served primarily in the Operations Bureau. Captain Deisler provided the Board with further information about his credentials and work experience. Next, Captain Deisler noted, "Many of the things that we will do, I can assure you, that I do with the idea of keeping the integrity of process and the efficiency of the Board in mind." Captain Deisler commented on recommendations that the Code Enforcement Division would be proposing and said, "Our folks are the ones out on the road who are seeing the Cases and who are first hand dealing with some of the violators. And, with many of the other Boards the protocol is often times the Staff will make recommendations to the Board. The City Attorney's Office and I have been working very, very closely together to try to incorporate some of those changes to this Board. So you are going to start to see that tonight where you may see that the Officer will bring recommendations to you." Continuing, Captain Deisler suggested to the Board that properties with numerous Violations be heard as one (1) Case with one (1) slideshow. Chairman Wood said, "It makes sense." Board Member Tony Ingria commented, "I am good." Captain Deisler remarked, "What's important to remember is the integrity of the Case and the Evidence procedure will not change." With final comments, Captain Deisler said, "I am fortunate to be in this position and I'm looking forward to it." Chairman Wood then commented, "Thank you very much. I am very impressed by that bio. Look forward to serving with you." ❖❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT IN THE ORDER DOCUMENTED. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 6 OF 15 REPORTS REPORTS 404. Code Enforcement Chairman Chairman Wood thanked everyone for their support while she was not able to attend the past two (2) Code Enforcement Board meetings. REPORTS 402. Office Of The City Clerk Assistant to the City Clerk Coutant mentioned that Board Member Leah Weisman's term had expired and that Mr. James Wentz was present and recently ratified by the City Commission to serve on this Board. Chairman Wood remarked, "Thank you so much for what you have done Leah (Weisman)." REPORTS 403. Office Of The City Attorney No Report. REPORTS 405. Code Enforcement Vice Chairman No Report was given. REPORTS 406. Code Enforcement Board Members No Report. 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 19, 2011 PAGE 7 OF 15 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 #11- 0025742 Wesley Smith 111 Elderwood Avenue Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — June 30, 2011 Inspector — Christi Flannigan Chairman Wood asked Inspector Christi Flannigan, Code Enforcement Division, Police Department, "Will you be presenting this evening ?" Inspector (Christi) Flannigan replied, "Yes. I would like to submit `WS 1'. It's a CD of the presentations." Next, Inspector (Christi) Flannigan noted, "I would like to also present `WS 2' and `(WS) 3' for this Case. They are both Affidavits of Posting." Inspector (Christi) Flannigan began her PowerPoint presentation and began Testimony stating, "This Violation was first observed on March 29 1h , ( 2011). The fence is missing several slats and it's falling into the neighbor's yard." Continuing, Inspector (Christi) Flannigan mentioned, "A Notice of Code Violation was mailed to the owner of record on April 14 th , ( 2011). The letter was returned `Unclaimed' on May 13 th , ( 2011). The property has been routinely checked and was found to still be in Violation as of today. There's been no corrective action and no contact from the property owner. A Certified Mail of the Code Board of Hearing was mailed return receipt on June 30 2011. There's been no return of the item. The first class mail has not been returned at this time. The property was posted June 9 1h , ( 2011) by Inspector (Butch) West. We are asking for Finding of Fact and Relief." Photographs of the property in Violation were shown to those present and Inspector (Christi) Flannigan provided the Board with her recommended time to fix the Violation and suggested Fine. Chairman Wood asked, "Is it Vacant ?" Inspector (Christi) Flannigan replied, "Yes it is." Further descriptions of the photographs were provided. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 8 OF 15 Chairman Wood inquired, "Do you look at the electricity — do you look at the meter ?" Inspector (Christi) Flannigan responded, "If it's easily accessible. I do go up and look and see if it's running." Inspector (Christi) Flannigan then mentioned that the property was not in foreclosure. Discussion. Chairman Wood announced, "I would like for the Record to show that there is no Respondent here." "I MOVE TO FIND WESLEY SMITH IN VIOLATION OF THE CITY CODE SECTION 6 -195 AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 9 2011 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #11- 0025989 Jennifer Norris And Jonathan Wall 672 Cheoy Lee Circle Winter Springs, Florida 32708 Section 6 -217. (No Pool Enclosure) Date Of Service: Proof Of Delivery July 5, 2011 Inspector — Jim Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 9 OF 15 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #11- 0026101 Mhammed Belaasra 305 San Miguel Court Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions Soffits Falling) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan entered into Evidence "WS 2" and "WS 3" and provided a PowerPoint presentation. Next, Inspector (Christi) Flannigan informed the Board that the Violation was first observed on April 25, 2011 and commented, "There are several areas around the house that the soffits are falling. The areas are large enough to allow small critters to habitat in the residence. Notice of Code Violation was mailed to the owner of record on May 12 (2011). Letter was returned `Unclaimed' on May 23 rd , ( 2011). Property has been routinely checked and found still in Violation as of today. There's been no corrective action and no contact from the owner." Inspector (Christi) Flannigan provided additional Testimony and said, "The Certified Mail of the Code Board Hearing tonight was returned — on July 2" ( 2011). The First class notification was returned on July 15, 2011. The property was Posted of this Hearing by Inspector (Butch) West on July 9 1h , ( 2011). We are asking for Finding of Fact and Relief " Following photographs of this Violation were shown and Inspector (Christi) Flannigan noted, "The HOA (Homeowner Association) has corrected some of the other Violations that I had on this residence." Continuing, Inspector (Christi) Flannigan noted, "I'm recommending the owner be given till August 9 th , ( 2011) and a Fine of a hundred dollars ($100.00) a day." Chairman Wood announced, "We want to give the Respondent an opportunity; who is not here for the Record." "I MOVE TO FIND MHAMMED BELAASRA IN VIOLATION OF CITY CODE SECTION IPMC 304.9 AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 9 2011 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BOARD MEMBER INGRIA. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 10 OF 15 VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #11- 0026103 Mhammed Belaasra 305 San Miguel Court Winter Springs, Florida 32708 Section 9 -374. (No House Numbers) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #11- 0026102 Mhammed Belaasra 305 San Miguel Court Winter Springs, Florida 32708 Section IPMC 308.1 (Infestation of Wasps) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #11- 0026112 Mikel A. Larruscain 329 San Miguel Court Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions — Soffits Falling/Missing) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 11 OF 15 PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #11- 00226113 329 San Miguel Court Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions — Rotten Fascia) Date Of Service: Proof Of Delivery July 2, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 503.1 Code Enforcement Bureau — Police Department CASE #11- 0025197 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section IPMC 304.2. (Exterior Wall — Peeling) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan mentioned, "I would like to present to Evidence `WS 2' and `WS 3'." Next, Inspector (Christi) Flannigan provided Testimony stating, "This Violation was first observed on February 17 th , ( 2011). This Case was heard before the Code Board on May 17 th , ( 2011). At that time, the Board found the property in Violation with a Finding of Fact of two - hundred and fifty dollars ($250.00) a day Fine starting on June 2" ( 2011). The Order was signed for in May of 2011 by Chris Williams. As of July 19 2011, the Violation still exists. There's been no contact from the property owner." Photographs of this Violation were displayed in the PowerPoint presentation. Inspector (Christi) Flannigan then stated, "We are requesting the Board find this property in Non - Compliance and authorize the previous Board Order to be Recorded as a Lien." Chairman Wood asked if the house was Vacant, in which Inspector (Christi) Flannigan replied, "Yes it is." Attorney Latorre clarified the suggested Motions and then noted, "We are just confirming the Non - Compliance and then a penalty will be imposed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 12 OF 15 "I MOVE TO FIND THE PROPERTY IN NONCOMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. ATTORNEY LATORRE SUMMARIZED, "THE DOLLAR AMOUNT WAS SET IN THE ORDER THAT THE BOARD ADOPTED THE LAST MEETING. THIS IS THE LAST — EFFORT OF GIVING THE PROPERTY OWNER DUE PROCESS TO APPEAR AND CONTEST THE VIOLATION BEFORE YOUR ORDER BECOMES A LIEN ON THEIR PROPERTY." VOTE: BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.2 Code Enforcement Bureau — Police Department CASE #11- 0025199 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan Chairman Wood inquired about this Case being the same property as previously heard and if this would be an example of different Violations under the same Case number. Inspector (Christi) Flannigan indicated that future Cases on the same property could be heard together. Next, Inspector (Christi) Flannigan entered `WS 2' and `WS 3' into Evidence and began the PowerPoint presentation stating, "This Violation was first observed February 17 of 2011. The Case was originally heard before this Board on May 17 th , ( 2011). The Board found this property being in Violation and gave a Finding of Fact imposing a two — hundred and fifty dollar ($250.00) a day Fine starting on June 2" ( 2011). The Order was signed for in May of 2011 by Chris Williams. As of July 19 th , ( 2011), the Violation still exists. There's been no contact from the property owner." Photographs of the Violation were presented to the Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 13 OF 15 Inspector (Christi) Flannigan then remarked, "We are requesting the Board find this property in Non - Compliance and authorize the previous Board Order to be Recorded as a Lien." Chairman Wood then noted, "For the Record, if we could just state that the Respondent was not available; was not here." "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.3 Code Enforcement Bureau — Police Department CASE #11- 0025200 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.4 Code Enforcement Bureau — Police Department CASE #11- 0025201 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING —JULY 19, 2011 PAGE 14 OF 15 PUBLIC HEARINGS — NON - COMPLIANCE CASES 503.5 Code Enforcement Bureau — Police Department CASE #10- 0024432 Cari L. Brown 10 Partridge Circle Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan noted, "The original Hearing was actually — March 15 2011." "WS 2" and "WS 3" 'were entered as Evidence to the Board. Next, Inspector (Christi) Flannigan began her Testimony and provided a PowerPoint presentation stating, "This Violation was first observed on December 22" 2010. The Case was originally heard before the Board on March 15 th , ( 2011). The Board found the property being in Violation and gave a Finding of Fact with a fifty dollar ($50.00) a day fine starting March 21 ", 2011. The Order was returned as 'Undeliverable'. As of July 19 th , ( 2011) this Violation still exists. There has been no contact from the property owner." Following, photographs of this Violation were shown to those in attendance. Tape 1 /Side B Inspector (Christi) Flannigan then remarked, "We are requesting the Board find this property in Non - Compliance and authorize the previous Order to be Recorded as a Lien." Following, Chairman Wood asked, `Is this one for sale ?" Inspector (Christi) Flannigan commented, "The Record of owner still lives there." Board Member Ingria inquired, "Is there a pool back there or just a porch." Inspector (Christi) Flannigan mentioned from the right -of -way, she could not determine if there was a pool on this property. "I MOVE TO FIND THE PROPERTY IN NONCOMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING —JULY 19, 2011 PAGE 15 OF 15 REGULAR AGENDA REGULAR 600. Not Used In other business, Chairman Wood commented, "I would like to wish Board Member Weisman a wonderful time on her third Tuesday evening of the month and I hope you are thinking of us. Be sure to tune in and listen, if you do miss us." ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:49 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 19, 2011 CALL TO ORDER The Regular Meeting of Tuesday, July 19, 2011 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 Hugh Fisher, absent [Unexcused] Board Member Dick Crenshaw, absent [Excused] Board Member Barbara Croswell, absent [Excused]* Board Member Carole Giltz, present Board Member Tony Ingria, present Board Member Leah Weisman, present Assistant City Attorney Kate Latorre, present Chairman Laura -Leigh Wood announced Board Member Dick Crenshaw would not be attending and stated, "Board Member Crenshaw is Excused for this evening." Chairman Wood commented that there was no correspondence from Vice Chairman Hugh Fisher or Board Member Barbara Croswell at the time of the meeting and therefore were considered "Unexcused ". *Note from the Assistant to the City Clerk Gayle Coutant: A telephone message was received at City Hall before this Code Enforcement Board meeting of July 19, 2011 from Code Enforcement Board Member Croswell, noting Board Member Croswell not being able to attend because of a personal appointment. This information was relayed to Chairperson Wood on the morning of July 20, 2011 who instructed that Board Member Croswell's absence would thus be "Excused ". A moment of silence for our Armed Forces followed by the Pledge of Allegiance was next. Chairman Wood inquired, "Are there any Agenda changes this evening ?" Assistant to the City Clerk Gayle Coutant replied, "Yes, we will only be hearing Cases `502.1', `502.3', `503.1', `503.2', and — `503.5'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 2 OF 15 INFORMATIONAL AGENDA INFORMATIONAL 100. Office Of The City Attorney Review Of The "City Of Winter Springs, Florida Code Enforcement Board Policy And Procedure Manual ". Assistant City Attorney, Kate Latorre addressed the Board stating, "You have before you tonight a revised draft as your Code (Enforcement) Board Policy and Procedure Manual that the Clerk's Office and my Office had been working on together." Continuing, Attorney Latorre noted, "The majority of the revisions are to address the fact that your Board no longer has Alternates; it was eliminated a number of months ago by the City Commission and it's not required by Florida Statutes, so we removed all language to Alternates. Also, over the course of the past few months, you may recall that we've been kind of gradually updating the way that the Board is making Motions and entering Orders. We're going to eliminate the lengthy reading into the Record of the two (2) pages of verbiage, Relief Orders and Finding of Facts." Next, Attorney Latorre reviewed in summary the changes, page by page. Chairman Wood asked, "Do I have a Motion to Adopt this draft of the City of Winter Springs, Florida Code Enforcement Board Policy and Procedures Manual tonight ?" "YES." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Chairman Wood summarized that the sample Motions provided by the City Attorney were to be used as guidelines. Discussion ensued on Fines assessed with the Violations and Attorney Latorre stated, "I do encourage you to take every Case on its face, based on the Evidence that's presented during that Hearing." Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors who may be providing Testimony during the presentation of the Cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 3 OF 15 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The June 21, 2011 Code Enforcement Board Regular Meeting Minutes. Chairman Wood asked, "Do I have a Motion for the Approval of June 21 2011 Regular Meeting Minutes ?" MOTION TO APPROVE MINUTES BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The Citv A REPORTS 401. Code Enforcement Bureau • Staff To Discuss Previous Referenced 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 Captain Chris Deisler, Code Enforcement Division Police Department, stated, "This is an old Case where we have found some discrepancies in the Postings. What we'd like to is have that Case dismissed so that we can bring it forth to you folks as a fresh Case from ground zero." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 4 OF 15 MOTION BY BOARD MEMBER INGRIA TO DISMISS THIS CASE AS CAPTAIN DEISLER EXPLAINED. CHAIRMAN WOOD STATED, `BOARD MEMBER INGRIA HAS MADE A MOTION FOR US TO DISMISS." SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. • Staff To Discuss Previous Referenced 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 Captain Deisler explained, "Same request is being made of Case number 11- 0025196, for the same reason, cited prior with regard to inconsistencies in the Posting. Again, we would like to bring that forward to you folks as a fresh Case from ground zero." Chairman Wood asked, "Any discussion? Any questions for Captain Deisler? Seeing none do we have a Motion ?" MOTION BY BOARD MEMBER INGRIA TO DISMISS THIS CASE AS CAPTAIN DEISLER EXPLAINED. CHAIRMAN WOOD STATED, "MOTION BY BOARD MEMBER INGRIA FOR US TO DISMISS CASE NUMBER 11- 0025196 THIS EVENING." SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 5 OF 15 Attorney Latorre clarified, "Given that these two (2) Cases were just dismissed, the previous Relief Orders or Board Orders in this Case will have been rendered Vacated. Staff is just going to start over. They need to stay in the — Code Enforcement file, but for purposes of the Record, those Orders, I think they were from the last meeting in June, they're Vacated." Statement Of Qualifications From Captain Chris Deisler, Code Enforcement Division, Police Department Captain Deisler presented his qualifications to the Board mentioning he has been with the Winter Springs Police Department since he was nineteen (19) years old and first served primarily in the Operations Bureau. Captain Deisler provided the Board with further information about his credentials and work experience. Next, Captain Deisler noted, "Many of the things that we will do, I can assure you, that I do with the idea of keeping the integrity of process and the efficiency of the Board in mind." Captain Deisler commented on recommendations that the Code Enforcement Division would be proposing and said, "Our folks are the ones out on the road who are seeing the Cases and who are first hand dealing with some of the violators. And, with many of the other Boards the protocol is often times the Staff will make recommendations to the Board. The City Attorney's Office and I have been working very, very closely together to try to incorporate some of those changes to this Board. So you are going to start to see that tonight where you may see that the Officer will bring recommendations to you." Continuing, Captain Deisler suggested to the Board that properties with numerous Violations be heard as one (1) Case with one (1) slideshow. Chairman Wood said, "It makes sense." Board Member Tony Ingria commented, "I am good." Captain Deisler remarked, "What's important to remember is the integrity of the Case and the Evidence procedure will not change." With final comments, Captain Deisler said, "I am fortunate to be in this position and I'm looking forward to it." Chairman Wood then commented, "Thank you very much. I am very impressed by that bio. Look forward to serving with you." ❖❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT IN THE ORDER DOCUMENTED. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 6 OF 15 REPORTS REPORTS 404. Code Enforcement Chairman Chairman Wood thanked everyone for their support while she was not able to attend the past two (2) Code Enforcement Board meetings. REPORTS 402. Office Of The City Clerk Assistant to the City Clerk Coutant mentioned that Board Member Leah Weisman's term had expired and that Mr. James Wentz was present and recently ratified by the City Commission to serve on this Board. Chairman Wood remarked, "Thank you so much for what you have done Leah (Weisman)." REPORTS 403. Office Of The City Attorney No Report. REPORTS 405. Code Enforcement Vice Chairman No Report was given. REPORTS 406. Code Enforcement Board Members No Report. 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 19, 2011 PAGE 7 OF 15 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 #11- 0025742 Wesley Smith 111 Elderwood Avenue Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — June 30, 2011 Inspector — Christi Flannigan Chairman Wood asked Inspector Christi Flannigan, Code Enforcement Division, Police Department, "Will you be presenting this evening ?" Inspector (Christi) Flannigan replied, "Yes. I would like to submit `WS 1'. It's a CD of the presentations." Next, Inspector (Christi) Flannigan noted, "I would like to also present `WS 2' and `(WS) 3' for this Case. They are both Affidavits of Posting." Inspector (Christi) Flannigan began her PowerPoint presentation and began Testimony stating, "This Violation was first observed on March 29 1h , ( 2011). The fence is missing several slats and it's falling into the neighbor's yard." Continuing, Inspector (Christi) Flannigan mentioned, "A Notice of Code Violation was mailed to the owner of record on April 14 th , ( 2011). The letter was returned `Unclaimed' on May 13 th , ( 2011). The property has been routinely checked and was found to still be in Violation as of today. There's been no corrective action and no contact from the property owner. A Certified Mail of the Code Board of Hearing was mailed return receipt on June 30 2011. There's been no return of the item. The first class mail has not been returned at this time. The property was posted June 9 1h , ( 2011) by Inspector (Butch) West. We are asking for Finding of Fact and Relief." Photographs of the property in Violation were shown to those present and Inspector (Christi) Flannigan provided the Board with her recommended time to fix the Violation and suggested Fine. Chairman Wood asked, "Is it Vacant ?" Inspector (Christi) Flannigan replied, "Yes it is." Further descriptions of the photographs were provided. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 8 OF 15 Chairman Wood inquired, "Do you look at the electricity — do you look at the meter ?" Inspector (Christi) Flannigan responded, "If it's easily accessible. I do go up and look and see if it's running." Inspector (Christi) Flannigan then mentioned that the property was not in foreclosure. Discussion. Chairman Wood announced, "I would like for the Record to show that there is no Respondent here." "I MOVE TO FIND WESLEY SMITH IN VIOLATION OF THE CITY CODE SECTION 6 -195 AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 9 2011 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #11- 0025989 Jennifer Norris And Jonathan Wall 672 Cheoy Lee Circle Winter Springs, Florida 32708 Section 6 -217. (No Pool Enclosure) Date Of Service: Proof Of Delivery July 5, 2011 Inspector — Jim Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 9 OF 15 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #11- 0026101 Mhammed Belaasra 305 San Miguel Court Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions Soffits Falling) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan entered into Evidence "WS 2" and "WS 3" and provided a PowerPoint presentation. Next, Inspector (Christi) Flannigan informed the Board that the Violation was first observed on April 25, 2011 and commented, "There are several areas around the house that the soffits are falling. The areas are large enough to allow small critters to habitat in the residence. Notice of Code Violation was mailed to the owner of record on May 12 (2011). Letter was returned `Unclaimed' on May 23 rd , ( 2011). Property has been routinely checked and found still in Violation as of today. There's been no corrective action and no contact from the owner." Inspector (Christi) Flannigan provided additional Testimony and said, "The Certified Mail of the Code Board Hearing tonight was returned — on July 2" ( 2011). The First class notification was returned on July 15, 2011. The property was Posted of this Hearing by Inspector (Butch) West on July 9 1h , ( 2011). We are asking for Finding of Fact and Relief " Following photographs of this Violation were shown and Inspector (Christi) Flannigan noted, "The HOA (Homeowner Association) has corrected some of the other Violations that I had on this residence." Continuing, Inspector (Christi) Flannigan noted, "I'm recommending the owner be given till August 9 th , ( 2011) and a Fine of a hundred dollars ($100.00) a day." Chairman Wood announced, "We want to give the Respondent an opportunity; who is not here for the Record." "I MOVE TO FIND MHAMMED BELAASRA IN VIOLATION OF CITY CODE SECTION IPMC 304.9 AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 9 2011 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BOARD MEMBER INGRIA. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 10 OF 15 VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #11- 0026103 Mhammed Belaasra 305 San Miguel Court Winter Springs, Florida 32708 Section 9 -374. (No House Numbers) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #11- 0026102 Mhammed Belaasra 305 San Miguel Court Winter Springs, Florida 32708 Section IPMC 308.1 (Infestation of Wasps) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #11- 0026112 Mikel A. Larruscain 329 San Miguel Court Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions — Soffits Falling/Missing) Date Of Service: Certified June 28, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 11 OF 15 PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #11- 00226113 329 San Miguel Court Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions — Rotten Fascia) Date Of Service: Proof Of Delivery July 2, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 503.1 Code Enforcement Bureau — Police Department CASE #11- 0025197 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section IPMC 304.2. (Exterior Wall — Peeling) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan mentioned, "I would like to present to Evidence `WS 2' and `WS 3'." Next, Inspector (Christi) Flannigan provided Testimony stating, "This Violation was first observed on February 17 th , ( 2011). This Case was heard before the Code Board on May 17 th , ( 2011). At that time, the Board found the property in Violation with a Finding of Fact of two - hundred and fifty dollars ($250.00) a day Fine starting on June 2" ( 2011). The Order was signed for in May of 2011 by Chris Williams. As of July 19 2011, the Violation still exists. There's been no contact from the property owner." Photographs of this Violation were displayed in the PowerPoint presentation. Inspector (Christi) Flannigan then stated, "We are requesting the Board find this property in Non - Compliance and authorize the previous Board Order to be Recorded as a Lien." Chairman Wood asked if the house was Vacant, in which Inspector (Christi) Flannigan replied, "Yes it is." Attorney Latorre clarified the suggested Motions and then noted, "We are just confirming the Non - Compliance and then a penalty will be imposed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 12 OF 15 "I MOVE TO FIND THE PROPERTY IN NONCOMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. ATTORNEY LATORRE SUMMARIZED, "THE DOLLAR AMOUNT WAS SET IN THE ORDER THAT THE BOARD ADOPTED THE LAST MEETING. THIS IS THE LAST — EFFORT OF GIVING THE PROPERTY OWNER DUE PROCESS TO APPEAR AND CONTEST THE VIOLATION BEFORE YOUR ORDER BECOMES A LIEN ON THEIR PROPERTY." VOTE: BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.2 Code Enforcement Bureau — Police Department CASE #11- 0025199 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan Chairman Wood inquired about this Case being the same property as previously heard and if this would be an example of different Violations under the same Case number. Inspector (Christi) Flannigan indicated that future Cases on the same property could be heard together. Next, Inspector (Christi) Flannigan entered `WS 2' and `WS 3' into Evidence and began the PowerPoint presentation stating, "This Violation was first observed February 17 of 2011. The Case was originally heard before this Board on May 17 th , ( 2011). The Board found this property being in Violation and gave a Finding of Fact imposing a two — hundred and fifty dollar ($250.00) a day Fine starting on June 2" ( 2011). The Order was signed for in May of 2011 by Chris Williams. As of July 19 th , ( 2011), the Violation still exists. There's been no contact from the property owner." Photographs of the Violation were presented to the Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 19, 2011 PAGE 13 OF 15 Inspector (Christi) Flannigan then remarked, "We are requesting the Board find this property in Non - Compliance and authorize the previous Board Order to be Recorded as a Lien." Chairman Wood then noted, "For the Record, if we could just state that the Respondent was not available; was not here." "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER INGRIA. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.3 Code Enforcement Bureau — Police Department CASE #11- 0025200 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.4 Code Enforcement Bureau — Police Department CASE #11- 0025201 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING —JULY 19, 2011 PAGE 14 OF 15 PUBLIC HEARINGS — NON - COMPLIANCE CASES 503.5 Code Enforcement Bureau — Police Department CASE #10- 0024432 Cari L. Brown 10 Partridge Circle Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified June 28, 2011 Original Hearing Date: May 17, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan noted, "The original Hearing was actually — March 15 2011." "WS 2" and "WS 3" 'were entered as Evidence to the Board. Next, Inspector (Christi) Flannigan began her Testimony and provided a PowerPoint presentation stating, "This Violation was first observed on December 22" 2010. The Case was originally heard before the Board on March 15 th , ( 2011). The Board found the property being in Violation and gave a Finding of Fact with a fifty dollar ($50.00) a day fine starting March 21 ", 2011. The Order was returned as 'Undeliverable'. As of July 19 th , ( 2011) this Violation still exists. There has been no contact from the property owner." Following, photographs of this Violation were shown to those in attendance. Tape 1 /Side B Inspector (Christi) Flannigan then remarked, "We are requesting the Board find this property in Non - Compliance and authorize the previous Order to be Recorded as a Lien." Following, Chairman Wood asked, `Is this one for sale ?" Inspector (Christi) Flannigan commented, "The Record of owner still lives there." Board Member Ingria inquired, "Is there a pool back there or just a porch." Inspector (Christi) Flannigan mentioned from the right -of -way, she could not determine if there was a pool on this property. "I MOVE TO FIND THE PROPERTY IN NONCOMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER INGRIA. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING —JULY 19, 2011 PAGE 15 OF 15 REGULAR AGENDA REGULAR 600. Not Used In other business, Chairman Wood commented, "I would like to wish Board Member Weisman a wonderful time on her third Tuesday evening of the month and I hope you are thinking of us. Be sure to tune in and listen, if you do miss us." ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:49 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.