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HomeMy WebLinkAbout2011 09 20 Consent 200 Approval Of August 16, 2011 Regular Meeting Minutes UNAPPROVED CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 16, 2011 CALL TO ORDER The Regular Meeting of Tuesday, August 16, 2011 of the Code Enforcement Board was called to Order by Vice Chairperson 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. Roll Call: Chairperson Laura-Leigh Wood, absent, [Excused] Vice Chairperson Hugh Fisher, present Board Member Dick Crenshaw, absent, [Unexcused] Board Member Barbara Croswell, present Board Member Carole Giltz, present Board Member Tony Ingria, present, [Unexcused] Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Vice Chairperson Fisher announced, “(Chairperson) Laura-Leigh Wood will be absent from tonight’s meeting. She did call in ill and her absence will be ‘Excused’. Board Member (Dick) Crenshaw and Board Member (Tony) Ingria have not contacted us, so at this point, their absence will be ‘Unexcused’. We would also like to welcome (Board Member) Jim Wentz to the Code Enforcement Board.” There was a moment of silence for our Armed Forces followed by the Pledge of Allegiance. Vice Chairperson Fisher inquired about Agenda changes in which Assistant to the City Clerk Gayle Coutant stated, “We will not be hearing Cases ‘502.1’,‘502.2’,‘502.3’,‘502.4’, ‘502.10’, ‘502.11’, and ‘502.12’.” 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. INFORMATIONAL AGENDA INFORMATIONAL 100.Not Used UNAPPROVED CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 16, 2011 CALL TO ORDER The Regular Meeting of Tuesday, August 16, 2011 of the Code Enforcement Board was called to Order by Vice Chairperson 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. Roll Call: Chairperson Laura-Leigh Wood, absent, [Excused] Vice Chairperson Hugh Fisher, present Board Member Dick Crenshaw, absent, [Unexcused] Board Member Barbara Croswell, present Board Member Carole Giltz, present Board Member Tony Ingria, absent, [Unexcused] Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Vice Chairperson Fisher announced, “(Chairperson) Laura-Leigh Wood will be absent from tonight’s meeting. She did call in ill and her absence will be ‘Excused’. Board Member (Dick) Crenshaw and Board Member (Tony) Ingria have not contacted us, so at this point, their absence will be ‘Unexcused’. We would also like to welcome (Board Member) Jim Wentz to the Code Enforcement Board.” There was a moment of silence for our Armed Forces followed by the Pledge of Allegiance. Vice Chairperson Fisher inquired about Agenda changes in which Assistant to the City Clerk Gayle Coutant stated, “We will not be hearing Cases ‘502.1’,‘502.2’,‘502.3’,‘502.4’, ‘502.10’, ‘502.11’, and ‘502.12’.” 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. INFORMATIONAL AGENDA INFORMATIONAL 100.Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 2 OF 17 CONSENT AGENDA CONSENT 200.Office Of The City Clerk Requesting Approval Of The July 19, 2011 Code Enforcement Board Regular Meeting Minutes. “I MOVE WE APPROVE THE MINUTES FROM THE LAST MEETING OF TH JULY – 19, (2011).” MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400.Office Of The City Attorney Assistant City Attorney Kate Latorre noted, “Gayle (Coutant) passed out your new ‘Code Enforcement Board Policy and Procedure Manual’ that you Approved last meeting; so, you have a final copy in front of you now.” REPORTS 401.Code Enforcement Division No Report was given. REPORTS 402.Office Of The City Clerk There was no Report given. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 3 OF 17 REPORTS 403.Code Enforcement Chairperson No Report. REPORTS 404.Code Enforcement Vice Chairperson There was no Report given. REPORTS 405.Code Enforcement Board Members No Reports were provided. 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 UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 4 OF 17 PUBLIC HEARINGS AGENDA – NEW CASES PUBLIC HEARINGS – NEW CASES 502.1Code Enforcement Division – Police Department CASE #10-0024500 SunTrust Mortgage 202 South Moss Road Winter Springs, Florida 32708 Sec. 6-195. (Fence In Disrepair) Date Of Service: Proof Of Delivery August 1, 2011 Inspector – Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS – NEW CASES 502.2Code Enforcement Division – Police Department CASE #10-0024501 SunTrust Mortgage 202 South Moss Road Winter Springs, Florida 32708 IPMC 605.1 (Exposed Electrical Wires) Date Of Service: Certified July 28, 2011 Inspector – Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS – NEW CASES 502.3Code Enforcement Division – Police Department CASE #11-0025571 T. J. Jr. Johnson And Mary O. Johnson 1109 Gator Lane Winter Springs, Florida 32708 Sec. 13-2. (Overgrowth Of Trees And Grass) Date Of Service: Proof Of Delivery August 8, 2011 Inspector – Jim Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 5 OF 17 PUBLIC HEARINGS – NEW CASES 502.4Code Enforcement Division – Police Department CASE #11-0025994 Trevor Baltz And Bank Of America 341 San Rafael Court Winter Springs, Florida 32708 IPMC 304.2 (Exterior Wall Covering, Paint) Date Of Service: Proof Of Delivery August 2, 2011 (Bank Of America) Date Of Service: Proof Of Delivery August 3, 2011 (Trevor Baltz) Inspector – Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS – NEW CASES 502.5Code Enforcement Division – Police Department CASE #11-0026094 Jody Spencer 332 San Miguel Court Winter Springs, Florida 32708 IPMC 304.7 (Roof Covered With Tarp) Date Of Service: Certified July 28, 2011 Inspector – Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department provided Evidence “WS 1”, a CD of all presentation Hearings being brought to the Code Enforcement Board at this meeting. Further, Inspector (Christi) Flannigan provided “WS 2”, “WS 3” and “WS 4” as Affidavit of Postings for this Case. Continuing, Inspector (Christi) Flannigan provided her Testimony through PowerPoint th presentation stating, “This Violation was first observed April 25 of 2011. The tarp on the roof has been there since that time.” Inspector (Christi) Flannigan then noted, “The th Notice of Violation was mailed to the owner of Record on May 12, (2011). The letter th was returned ‘Unclaimed’ on July 8, (2011). There’s been a voice mail left for me with no return number asking that he wants to come into Compliance and how. There’s been no other contact from the owner.” Inspector (Christi) Flannigan next mentioned that this property has been routinely checked and was found to still be in Violation as of August 16, 2011, with no corrective actions observed to indicate that the Violation is being or had been corrected. Next, Inspector (Christi) Flannigan explained, “Certified Mail of Code Board meeting th was mailed on July 28, (2011); the Return Receipt and First Class mailing has not been rd returned. The property was Posted on August 3, (2011) by Corporal (Jim) Flannigan for the Notice of the Code Board Hearing.” CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 6 OF 17 Photographs were then shown to those present at this meeting. A recommended date of September 6, 2011 for this property to be corrected was provided as well as a Fine of one-hundred dollars ($100.00) if the property did not come into Compliance. Board Member Jim Wentz inquired if the home was occupied and Inspector (Christi) Flannigan responded, “From what I can tell it is Vacant. The owner of Record lives in Oviedo.” Vice Chairperson Fisher asked, “Is the Respondent present at this time? [No response was voiced.] Let the Record reflect that the Respondent is not present.” “I MOVE TO FIND – JODY SPENCER IN VIOLATION OF THE CITY CODE TH AND ORDER THAT RESPONDENT BE GIVEN UNTIL – SEPTEMBER 6, (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 WENTZ. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS – NEW CASES 502.6Code Enforcement Division – Police Department CASE #11-0026095 Jody Spencer 332 San Miguel Court Winter Springs, Florida 32708 Sec. 9-374. (No House Numbers) Date Of Service: Certified July 28, 2011 Inspector – Christi (Christi) Flannigan Chairperson Fisher asked, “Inspector (Christi) Flannigan, do you have any additional Evidence to be entered?” Inspector (Christi) Flannigan provided Affidavit of Postings and Certified Mailing into Evidence labeled, “WS 2”, “WS 3”, “WS 4”. Inspector (Christi) Flannigan provided Testimony stating, “This Violation was also th observed April 25, (2011). There’s no house number on the fence or the door of the th structure. The Notice of Code Violation was mailed to the owner of Record on May 4, th 2011; returned ‘Unclaimed’ June 27, (2011). CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 7 OF 17 Again, there’s been a voice mail left that he wants to come into Compliance, no number to call him back, no other contact. It’s been routinely checked. As of today, there’s been th no corrective actions. Certified Mail of Code Board Hearing was mailed on July 28, (2011). First Class mailing and the Return Receipt have not been returned. Property was rd Posted on August 3, (2011) by Corporal (Jim) Flannigan for the Notice of Code Board Hearing.” Next, Inspector (Christi) Flannigan displayed photographs of the property in Violation, followed by recommendations for corrective action to be repaired and suggested a Fine of twenty-five dollars ($25.00) should the property not come into Compliance. Vice Chairperson Fisher stated, “At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? [No response was voiced.] Let the Record reflect that the Respondent is not present.” “I MOVE TO FIND JODY SPENCER IN VIOLATION OF THE CITY CODE TH AND ORDER THAT RESPONDENT BE GIVEN UNTIL SEPTEMBER 6, (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWENTY FIVE DOLLARS ($25.00) PER DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED.” MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CROSWELL: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS – NEW CASES 502.7Code Enforcement Division – Police Department CASE #11-0026316 Jody Spencer 332 San Miguel Court Winter Springs, Florida 32708 Sec. 13-2. (Untended Grass And Weeds) Date Of Service: Certified July 28, 2011 Inspector – Christi (Christi) Flannigan Inspector (Christi) Flannigan presented Evidence to the Board and continued with the th PowerPoint presentation relating to this Case, stating, “This was first observed May 17, (2011). The grass and weeds in the fenced area are overgrown. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 8 OF 17 th The Notice of Code Violation was mailed to the owner of Record on June 30, (2011). nd The letter was signed for by Diana Spencer on July 2, (2011).” Again, Inspector (Christi) Flannigan referred to the voice mail left indicating he wanted to come into Compliance, then noting the caller did not leave a return phone number or contact information. Continuing, Inspector (Christi) Flannigan commented, “This property has been routinely checked up until today and there’s been no corrective actions taken. Certified Mail of th Code Board meeting was mailed on July 28, (2011). First Class Mail and the Return rd Receipt have not been returned. The property was posted on August 3, (2011) by Corporal James (Christi) Flannigan. We are asking for Finding of Fact and Relief.” Next, photographs of this property were then shown and Inspector (Christi) Flannigan provided the suggested dates to correct the Violation and Fines associated with Non- Compliance. Inspector (Christi) Flannigan commented that she was, “Additionally requesting an Order for this Violation to be corrected by the City and a Lien placed on the property for the cost associated with clean up, for cutting the bushes and the grass.” Discussion ensued in relation to cleaning up the bushes and grass and the safety of children within this residential area. Board Member Carol Giltz inquired about naming the City Code Violation Section within a Motion in which Assistant City Attorney Latorre responded, “I don’t think it’s incorrect to leave out. The presentation includes the Code Section and it will be included in the Board’s Order that Gayle (Coutant, Assistant to the City Clerk) prepares after the meeting.” Board Member Wentz asked, “Are we going to repair the fence as well as cleaning the property, so, the fence is properly closed and kept closed?” Inspector (Christi) Flannigan replied, “That is a completely separate Case.” Further discussion. There was brief silence as Assistant City Attorney Latorre reviewed the Code of Ordinances. Following, Attorney Latorre addressed concerns stating, “We would Fine them fifty dollars ($50.00) a day, but at the same time, cleaning it up and then charging them, which I don’t think is the right way to do it under the Code. I think we either move forward with this Code Violation and impose the fifty dollars ($50.00) a day, if that’s what the Board wants to do, or there’s a separate procedure to Notice the owner of the nuisance condition on the property, give them so many days to fix it themselves; which you kind of gave them; the Notices already, but we brought it here instead. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 9 OF 17 There’s a provision (Code of Ordinances Sec.) 13-2. which if they don’t do it themselves, then the Code Enforcement [Division] Manager, which is Captain (Chris) Deisler can authorize that it be mowed and then you Lien for the cost of the mowing. So it’s kind of two (2) different paths and I think we need to pick one (1).” After more discussion, Assistant City Attorney Latorre continued, “If you want to go to the Notice and –the City cuts it, I think we should withdraw the Case from the Agenda, or we can proceed and enter the Order and then if they don’t comply by your recommended date, we file a Lien.” Vice Chairperson Fisher noted, “I thought that was sort of an automatic thing.” Assistant City Attorney Latorre responded, “That’s absolutely an automatic if we go this route, the Code Enforcement Hearing route. But if you want to go the route where we are going to have the City contractor mow, we should withdraw the Case, not have the Board enter an Order and then the City can proceed with this administrative process to get the lot mowed. Do you have a preference? It’s before the Board now, so technically it’s in the Board’s jurisdiction and – I think I’d want the Board to say that to dismiss it if it was your desire to go the other route, then I think I’d want the Board to say we agree to dismiss. So, it’s up to you all what you want to do with it.” Board Member Wentz remarked, “So, Code Enforcement is saying they want to do the clean up. They would prefer to go the clean up route?” Inspector (Christi) Flannigan commented, “It is a quicker remedy, but if we are going to do that, then I would like to include the fence in – that also, to where we can close it off. Clean it, cut it, and then close it off with the fence.” Assistant City Attorney Latorre asked, “And that’s the next Case?” Inspector (Christi) Flannigan replied, “Yes.” Board Member Wentz asked, “So that’s your preference though?” Inspector (Christi) Flannigan noted, “I think public safety wise; that would be the best way to do it.” Continuing, Assistant City Attorney Latorre recommended, “If that is the preference, I would want the Board to Move to dismiss the Case and then Vote on that and then Staff can proceed with their administrative remedies without the Board having entered an Order – if that is the desire of the Board.” Assistant City Attorney Latorre reminded the Board that procedures were being changed and said, “Thank you for bearing with us, but I think we need to choose one path or the other.” CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 10 OF 17 Vice Chairperson Fisher requesting clarification asked, “If we Vote to dismiss this Case, can they proceed with clean up?” Assistant City Attorney Latorre replied, “Absolutely.” “I MAKE A MOTION TO – HAVE THE BOARD DISMISS THIS CASE.” MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS – NEW CASES 502.8Code Enforcement Division – Police Department CASE #11-0026318 Jody Spencer 332 San Miguel Court Winter Springs, Florida 32708 Sec. 6-195. (Fence In Disrepair) Date Of Service: Certified July 28, 2011 Inspector – Christi Flannigan Inspector (Christi) Flannigan presented “WS 2” and “WS 3”, the Code Enforcement Board Posting on the property and the Code Enforcement Board Certified Mailing into th Evidence and began her Testimony stating, “This was first observed May 17, (2011). th Notice of Code Violation was mailed to the owner of Record on June 30, (2011), signed nd for by Diana Spencer on July 2, (2011). There has been a voice mail with no return phone number; that he wanted to come into Compliance, but there was no way to contact him. ” Inspector (Christi) Flannigan noted that this property has been routinely checked and was found to still be in Violation as of August 16, 2011 and continued mentioning, “Certified th Mailing of Code Board was mailed on July 28, (2011). The First Class mailing and rd Return Receipt have not been returned. Property was posted on August 3, 2011 by Corporal James (Christi) Flannigan for the Hearing. “We are asking for Finding of Fact and Relief.” Photographs were then displayed along with the Code Enforcement Division recommendations to correct the Violation; and Fines were suggested to the Board. Inspector (Christi) Flannigan mentioned the Code Enforcement Board could correct the issue if it was the Board’s desire. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 11 OF 17 Board Member Wentz confirmed, “So, Code Enforcement’s preference is to withdraw this Case at this point and proceed under a different avenue.” Inspector (Christi) Flannigan responded, “For the safety and welfare, yes. I think that – would be the best bet that we go in and clean it and then we secure the fence.” Vice Chairperson Fisher stated, “At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? [No response was voiced.] Let the Record reflect that the Respondent is not present.” “I MOVE THAT WE DISMISS THIS CASE NUMBER 11-0026318.” MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CROSWELL: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS – NEW CASES 502.9Code Enforcement Division – Police Department CASE #11-0026112 Mikel LarruscainAnd Bank of America 329 San Miguel Court Winter Springs, Florida 32708 IPMC 304.9 (Overhang Extensions – Soffits) Date Of Service: Proof Of Delivery August 1, 2011 Inspector – Christi Flannigan Vice Chairperson Fisher inquired, “Inspector (Christi) Flannigan, do you have Evidence to be presented at this point?” Inspector (Christi) Flannigan replied, “I have ‘WS 2’, ‘(WS) 3’, and ‘(WS) 4’. ‘WS 3’ is the Code Board Hearings signed by Bank of America.” th Continuing, Inspector (Christi) Flannigan noted, “This was first observed on April 25, 2011. There are several areas around the house where the soffits are falling. The Notice th of Code Violation was mailed to the owner of Record on May 12, (2011) and signed for th on May 18, 2011 by Igor Churruch. Bank of America foreclosed on this property. A th Notice of Code Violation was mailed to them on May 18, (2011) and signed for by rd Nelson Hernandez on May 23, 2011. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 12 OF 17 The property had been routinely checked and found in Violation as of today. Certified th Mail of Code Board meeting was mailed on July 28, (2011) to Bank of America and st Mikel Larruscain. Notice for Bank of America was signed for on August 1, (2011). Notification for Mikel (Larruscain) was not returned or signed for as of this date. th Property was posted on July 9, (2011) by (Inspector) Butch West with Notice of Code Board Violation. Just for the Board’s information, Mikel (Larruscain) is out of the country. I did speak with his attorney. He is out of the country and he has the documentation with him where Bank of America has foreclosed on the property.” Continuing with her PowerPoint presentation, Inspector (Christi) Flannigan displayed photographs of the property in Violation and stated, “I recommend that the owner be th given until September 9, (2011) to correct and a fifty dollar ($50.00) a day Fine imposed if found in Non-Compliance.” Vice Chairperson Fisher stated, “At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? [No response was voiced.] Let the Record reflect that the Respondent is not present.” “I MOVE TO FIND RESPONDENT MIKEL LARRUSCAIN AND BANK OF AMERICAN IN VIOLATION OF THE CITY CODE AND ORDER THAT THE TH RESPONDENT BE GIVEN UNTIL SEPTEMBER 9, (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED.” MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CROSWELL: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 13 OF 17 PUBLIC HEARINGS – NEW CASES 502.10Code Enforcement Division – Police Department CASE #11-0026146 Renald And Liliane Bonnaire 409 Boxwood Circle Winter Springs, Florida 32708 Sec. 13-2. (Stagnant Pool) Date Of Service: Proof Of Delivery August 2, 2011 Inspector – Jim Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS – NEW CASES 502.11Code Enforcement Division – Police Department CASE #11-0026183 GMAC Mortgage And Laura Francis 443 Alderwood Court Winter Springs, Florida 32708 Sec. 6-195. (Fence) Date Of Service: Certified July 29, 2011 Inspector – Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS – NEW CASES 502.12Code Enforcement Division – Police Department CASE #11-0026366 LBPS (Lender Business Process Services) And Kenneth And Teresa Kovach 332 San Rafael Court Winter Springs, Florida 32708 IPMC 304.9 (Overhang Extensions – Soffits) Date Of Service: Proof Of Delivery August 1, 2011 Inspector –Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 14 OF 17 PUBLIC HEARINGS AGENDA – NON-COMPLIANCE CASES PUBLIC HEARINGS – NON-COMPLIANCE CASES 503.1Code Enforcement Division – Police Department CASE #11-0025200 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Sec. 6-195. (Fence In Disrepair) Date Of Service: Certified July 29, 2011 Inspector – Christi (Christi) Flannigan Inspector (Christi) Flannigan presented Evidence labeled, “WS 2”, “WS 3”, “WS 4” and “WS 5” and then noted “‘WS 2’ is where they signed for Relief Order from the previous Hearing.” Continuing, Inspector (Christi) Flannigan provided her Testimony through a PowerPoint th presentation and stated, “This Violation was first observed on February 17 of 2011; th originally Heard before the Board on May 17, 2011. The Board found the property in Violation and gave a Finding of Fact with a hundred nd dollars ($100.00) a day Fine imposed starting on June 2, (2011). The Order was signed thth for in – May 27, (2011) by Chris Williams. As of August 16, (2011) this Violation still exists. There has been no contact from the property owner.” Photographs related to this Case were presented to the Board and Inspector (Christi) Flannigan noted, “As of today, this Violation still exist. We are requesting that the Board find this property in Non-Compliance and authorize the previous Board Order to be Recorded as a Lien.” Board Member Wentz asked, “So at this point, it is still accruing at a hundred dollars ($100.00) a day?” Inspector (Christi) Flannigan answered, “At this point, we are asking for that hundred dollars ($100.00) a day be imposed onto the property.” Board Member Wentz then asked, “Would that go back to the original….?” Inspector (Christi) nd Flannigan noted, “… To June 2, (2011), yes.” Vice Chairperson Fisher stated, “Thank you Inspector (Christi) Flannigan. At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? [No response was voiced.] Let the Record reflect that the Respondent is not present.” CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 15 OF 17 “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 WENTZ. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE BOARD MEMBER CROSWELL: AYE MOTION CARRIED. PUBLIC HEARINGS – NEW CASES 503.2Code Enforcement Division – Police Department CASE #11-0025201 Kathryn Fairchild 1146 Pheasant Circle Winter Springs, Florida 32708 Sec.13-2. (Stagnant Pool) Date of Service: Certified July 29, 2011 Inspector – Christi Flannigan Inspector (Christi) Flannigan provided the Board with Evidence “WS 2”, the previous Return Receipt and “WS 3”, “WS 4” and “WS 5” were given as all Affidavits of Posting. Next, Inspector (Christi) Flannigan gave a PowerPoint presentation and stated her th Testimony saying, “This Violation was first observed on February 17, 2011. The Case th was originally Heard before the Board May 17, 2011. The Board found the property to be in Violation and gave a Finding of Fact with a two-hundred and fifty dollar ($250.00) nd a day Fine imposed starting on June 2, (2011) if found in Non-Compliance. The Order th was signed for May 27, 2011 by Chris Williams. As of today this Violation still exists. There has been no contact from the property owner.” Photographs from numerous inspection dates were shown to those in attendance. Further, Inspector (Christi) Flannigan mentioned, “The Seminole County Health Department has been notified twice in regards to this pool. They’ve been out there a couple of times. As of today, the Violation still exists. We are requesting the Board find this property in Non-Compliance and authorize the previous Board Order to be Recorded as a Lien. I request the Fine be increased to five-hundred dollars ($500.00) a day if found in Non-Compliance of the original Order.” CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 16 OF 17 Vice Chairperson Fisher asked, “The five-hundred dollars ($500.00) a day; that was in the original Order?” Inspector (Christi) Flannigan noted, “The original Order was two- hundred fifty ($250.00) a day and the (Seminole County) Health Department stated that the only thing they could do, is make sure there’s no mosquito larvae.” Board Member Wentz commented, “You are asking for the increase Fine based on the fact of house safety?” Inspector (Christi) Flannigan noted, “Correct.” Discussion. Assistant City Attorney Latorre noted, “If you wanted to increase the Fine, what we would do is Amend your previous – Order to increase the Fine upon your finding of Non- Compliance. So, we would prepare a new Order for Recording that would be pretty much the same as the Order we originally prepared, we would add the information about tonight’s Hearing and increase the Fine to five hundred dollars ($500.00) a day starting today. It would be two (hundred) fifty ($250.00) for the days that have passed until now.” Vice Chairperson Fisher stated, “At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? [No response was voiced.] Let the Record reflect that the Respondent is not present.” “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 AND THAT WE ACCEPT STAFF’S RECOMMENDATIONS TO INCREASE THE FINE.” MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VICE CHAIRPERSON FISHER STATED, “THE MOTION HAS BEEN MADE BY BOARD MEMBER WENTZ TO FIND THE PROPERTY IN NON- COMPLIANCE AND TO ACCEPT THE STAFF RECOMMENDATION TO INCREASE THE FINE TO FIVE-HUNDRED DOLLARS ($500.00).” VOTE: BOARD MEMBER WENTZ: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN FISHER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600.Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES UNAPPROVED CODE ENFORCEMENT BOARD REGULAR MEETING – AUGUST 16, 2011 PAGE 17 OF 17 Tape 1/Side B ADJOURNMENT Vice Chairperson Fisher adjourned the Regular Meeting at 7:47 p.m. RESPECTFULLY SUBMITTED: _________________________________ GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the _________________, 2011 Code Enforcement Board Regular Meeting.