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HomeMy WebLinkAbout2011 10 18 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 18, 2011 CALL TO ORDER The Regular Meeting of Tuesday, October 18, 2011 of the Code Enforcement Board was called to Order by Chairperson Laura -Leigh Wood at 7:02 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, present Vice Chairperson Hugh Fisher, present Board Member Barbara Croswell, absent (Excused) Board Member Carole Giltz, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Chairperson Wood announced, "Please let the Record reflect that we did have this evening Barbara Croswell was an `Excused' absence as well as Dick Crenshaw who resigned." There was a moment of silence for our Armed Forces followed by the Pledge of Allegiance. Chairperson Wood inquired about Agenda changes in which Deputy City Clerk Joan Brown stated, "We will not be hearing Cases [`502.7'], `502.8', `502.9', `502.10', `502,11', `502.12', `502.13'." Deputy City Clerk Brown 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 CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 2 OF 19 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The September 20, 2011 Code Enforcement Board Regular Meeting Minutes. Chairperson Wood asked, "Do we have a Motion for the Approval of September 20, 2011 Regular Meeting Minutes ?" "SO MOVED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney No Report was given. REPORTS 401. Code Enforcement Division There was no Report. REPORTS 402. Office Of The City Clerk No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 3 OF 19 REPORTS 403. Code Enforcement Board Chairperson Chairperson Wood commented that Dick Crenshaw has recently resigned from this Board. REPORTS 404. Code Enforcement Board Vice Chairperson No Report was given. REPORTS 405. Code Enforcement Board Members There was no Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 501.1 Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 4 OF 19 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Division — Police Department CASE #11- 0025335 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.4 Structural Members Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Christi Flannigan, Code Enforcement Division, Police Department submitted "WS 1" as Evidence, the CD PowerPoint presentations of all Cases being heard at this meeting." Next, Inspector Flannigan provided Evidence "WS 2" and "WS 3" and "WS 4" to the Board and began her Testimony by stating, "This Violation was first observed on March 2 of 2011. The exterior walls are deteriorating and several areas of the wall near the roof appear to be unable to support their intended weight load. There has been no contact for the owner of Record. The Notice of Code Violation was mailed to the owner of Record on March 17 which are the Furboter's. That was returned `unclaimed'. The Notice of Violation was mailed to Bank of America on April 29 (2011). These were signed for by Nelson Hernandez on May 6 (2011). Inspector Flannigan stated, "I have spoken to A and R Property Preservation (Services) who was hired by the Bank to take care of the property on several different occasions and mow the yard. Ron (Pulliam) who runs A and R Property Preservation (Services) advised that they were hired to do minimal repairs along with bids on destruction of the residence. On June 27 (2011), I met with Ron (Pulliam) at the property. He requested the letter that is "WS 4" stating the issues noted with the property. At that time, he gave me - permission to enter into the property. Building Official Mike Scheraldi placarded the house as uninhabitable on September 20 (2011). I have checked with the property routinely — it is still in Violation. There have been no corrective actions taken towards this Violation. Certified mail of the meeting tonight was mailed on October 4 (2011). The Notice was also posted on the property. Bank of America representative Nelson Hernandez signed for the Notice on the 8 of October (2011). The letter to the Furboter's was returned as of this morning `unclaimed' first class and Certified." Photographs of the property in Violation were shown to those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 5 OF 19 Continuing, Inspector Flannigan suggested that "In regards to this case, I am requesting that it be given until November 1 (2011) to correct the Violation and two hundred and fifty dollars ($250.00) a day be imposed for Non - Compliance. Inspector Flannigan then mentioned, "We are asking for Finding of Fact and Relief." Note: The Respondent was not present. Discussion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR THE FIRST DAY AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE #11- 0025337 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 Sec. 9 -374. No House Numbers Date Of Service: October 4, 2011 Inspector — Christi Flannigan Chairperson Wood spoke about consolidating the Cases in regards to the same address. Continuing, Chairperson Wood was provided "WS 2 ", which is the green card where Bank of America signed for the Notice of Hearing and "WS 3 ", the Affidavit of Posting of the property and "WS 4 ", a letter to A and R Property Preservation and Bank of America listing the Violations. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 6 OF 19 Inspector Flannigan remarked, "This Violation was first observed on March 2 (2011). There are no numbers on the front of the residence or what should be the mailbox. The Notice of Violation was mailed to the owner of Record on March 17 (2011); it was returned unclaimed. The Notice of Violation was mailed to Bank of America on April 29 (2011). They were signed for by Nelson Hernandez on May 6 (2011). These Violations were also faxed to Bank of America on March 2 (2011). On several occasions, I spoke to A and R Property Preservation, also the same thing, they were hired and contracted to do some repairs on the house and he allowed entrance into the property. Mr. Mike Scheraldi placarded it as uninhabitable on September 20 (2011). It is still in Violation; there still are no numbers on the residence. Certified mail — Code (Enforcement) Board Meeting was mailed on October 4 (2011), the Notice was also mailed First Class (Mail) and has not been returned. Nelson Hernandez signed for the Notice for Bank of America on October 8 (2011). Property was Posted with Notice of Hearing on October 3 (2011) by myself. Photographs of the property in Violation were shown to those in attendance. Inspector Flannigan remarked, "In regards to this Case, I am recommending that the owner be given until November 1 (2011) to correct the Violation and a Fine of two hundred and fifty dollar ($250.00) a day be imposed — if found in Non - Compliance. We are asking for a Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 7 OF 19 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Division — Police Department CASE #11- 0025342 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.13 Broken Window Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Flannigan presented "WS 2 ", "WS 3" and "WS 4" to the Board and began her Testimony displaying photographs to those in attendance. Continuing with her presentation, Inspector Flannigan stated, "I am recommending that the owner be given until November 1 (2011) with a Fine of two [hundred] fifty ($250.00) a day and we are asking for Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR THE FIRST DAY AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 8 OF 19 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Division — Police Department CASE #11- 0025345 Kenneth And Samantha Furboter And Bank of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.7 Roof And Drainage Date Of Service: October 4, 2011 Inspector — Christi Flannigan Chairperson Wood was provided "WS 2 ", "WS 3" and "WS 4" as Evidence for this Case by Inspector Flannigan. Inspector Flannigan then began her Testimony and stated, "I am recommending that they be given until November 1 (2011) with a Fine of two hundred and fifty dollars ($250.00) a day if found in Non - Compliance. We are asking for Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT KENNETH AND SAMANTHA FURBOTER AND BANK OF AMERICA IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 9 OF 19 PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Division — Police Department CASE #11- 0025350 Kenneth And Samantha Furboter And Bank Of America 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.2 Exterior Wall (Coverings) Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Flannigan presented Evidence "WS 2 ", "WS 3" and "WS 4" and displayed photographs of the property in Violation to those in attendance. Inspector Flannigan explained, "I am recommending that the owner be given until November 1 (2011) with a Fine of two hundred and fifty dollars ($250.00) a day if found in Non - Compliance and we are asking for Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT KENNETH AND SAMANTHA FURBOTER AND BANK OF AMERICA IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 10 OF 19 PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Division — Police Department CASE #11- 0026183 Laura Francis And GMAC 443 Alderwood Street Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: October 4, 2011 Inspector — Christi Flannigan Chairperson Wood was provided "WS 2 ", and "WS 3" as Evidence for this Case by Inspector Flannigan who then began her Testimony and said, "This Violation was first observed on May 9 (2011). The fence has slats missing and the gate has fallen. There has been no contact from the owner of Record. There is a pool that is located in the fenced in area, but the pool has been covered previously." Continuing, Inspector Flannigan remarked, "The Notice of Violation was mailed to the owner of Record on June 30 (2011). A letter was signed for by Greg Caya on July 5 (2011). The property has been routinely checked and still in Violation as of today. There has been no corrective actions observed to indicate the Violation has been or is being corrected. Certified mail by Code (Enforcement) Board Meeting was mailed October 4 (2011); it was signed for by Greg Caya, GMAC (Mortgage) on October 7 (2011). Notice was also mailed First Class and has not been returned. The property was Posted on October 3 (2011) by myself with Notice of this Hearing. Photographs of the property in Violation were shown to those in attendance. Next, Inspector Flannigan commented, "I am recommending that the owner be given until November 1 (2011) to correct this and a Fine of two hundred and fifty dollars ($250.00) a day if found in Non - Compliance. We are asking for a Finding of Fact and Relief." Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT LAURA FRANCIS AND GMAC (MORTGAGE) IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 2011 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE CHAIRPERSON FISHER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 11 OF 19 VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Chairperson Wood remarked, "Let the Record show that the Respondent was not present." PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Division — Police Department CASE #11- 0026366 Kenneth And Teresa Kovach And LBPS 332 San Rafael Street Winter Springs, Florida 32708 IPMC 304.9 Overhang Extensions (Soffits) Date Of Service: October 4, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Division — Police Department CASE #11- 0026604 Brian And Pamela Fletcher 986 Shetland Avenue Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: October 4, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 12 OF 19 PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Division — Police Department CASE #11- 0026605 Brian And Pamela Fletcher 986 Shetland Avenue Winter Springs, Florida 32708 Sec. 13 -2. Trash And Debris Date Of Service: October 4, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.10 Code Enforcement Division — Police Department CASE #11- 0026642 Fay Lewis And Nationstar Mortgage 300 San Gabriel Street Winter Springs, Florida 32708 Sec. 13 -2. Trash And Debris, Grass Date Of Service: October 4, 2011 Corporal — Jim Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.11 Code Enforcement Division — Police Department CASE #11- 0026657 Esperanza Ruderman And GMAC 276 San Gabriel Street Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: October 4, 2011 Corporal — Jim Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 13 OF 19 PUBLIC HEARINGS - NEW CASES 502.12 Code Enforcement Division — Police Department CASE #11- 0026674 Patricia Cunningham 412 Boxwood Circle Winter Springs, Florida 32708 IPMC 304.6 Exterior Wall Date Of Service: October 4, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.13 Code Enforcement Division — Police Department CASE #11- 0026688 Bank Of New York Mellon Trust Company 282 San Gabriel Street Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: October 4, 2011 Corporal — Jim Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.14 Code Enforcement Division — Police Department CASE #11- 0026800 William Riggin And Bank of America 601 Marlin Road Winter Springs, Florida 32708 Sec. 6 -217. No Pool Enclosure Sec. 13 -2. Stagnant Pool Date Of Service: October 4, 2011 Corporal — Jim Flannigan Chairperson Wood was provided "WS 2" and "WS 3" as Evidence for this Case. Corporal Jim Flannigan, Code Enforcement Division, Police Department began his Testimony and explained, "This Violation was first observed on August 9 2011 and I observed that the house is currently vacant. I observed other Violations along with the fence and the backyard was open - which is the only pool enclosure. I also observed that the pool was stagnant with no power to the property to filter the water. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 14 OF 19 The Notice of Code Violation was mailed to the owner of Record, William Riggin and Bank of America who is currently under foreclosure proceedings of the property. It was mailed on August 9 (2011) as well. Both First Class Mail and Certified Mail was sent to Mr. Riggins was returned. Certified Mail from Bank of America was received and signed for by a J. Santiago." Continuing, Corporal Flannigan remarked, "This property has been routinely checked and was found to still be in Violation as of today. No corrective action has been taken. Certified Mailing of Code [Enforcement] Board Meeting was mailed on October 3rd, (2011) returned and receipt was signed for by Mr. Rivera. The property was also Posted on October 3 2011 by myself for the Code (Enforcement) Board Meeting for this evening. We are asking for Finding of Fact and Relief in this matter." Photographs of the property in Violation were shown to those in attendance. Next, Corporal Flannigan stated, "I recommend that the owner be given until November 1 (2011) to correct the issue and a Fine of two hundred and fifty dollars ($250.00) a day if found in Non - Compliance." "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED AND FIFTY [DOLLARS] ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. FURTHER, THE VIOLATION CONSTITUTES 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 CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY CONSISTENT WITH CHAPTER 162. FLORIDA STATUTES TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CHAIRPERSON WOOD STATED, "I THINK SOMETHING NEEDS TO BE DONE BEFORE TWO (2) WEEKS — CAN THAT NOT BE DONE IN SEVEN (7) DAYS? ONCE IT IS NOT CORRECTED, THEN WE HAVE TO GET BIDS, THEN WE HAVE TO FIND SOMEONE TO DO IT AND THEN IT IS GOING TO TAKE ANOTHER TWO (2) WEEKS TO GET THAT TAKEN CARE OF." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 15 OF 19 CORPORAL FLANNIGAN REMARKED, "WE CAN FOR THE SAFETY CONCERNS." CHAIRPERSON WOOD REPLIED, "THAT IS WHAT I WOULD LIKE." CORPORAL FLANNIGAN THEN ADDED, "THAT WE CAN TAKE CARE OF, BUT IT IS STILL IN VIOLATION." VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.15 Code Enforcement Division — Police Department CASE #11- 0026999 Edmund Fraser 100 Blue Creek Drive Winter Springs, Florida 32708 Sec. 13 -2. Stagnant Pool Sec. 6 -195. Fence In Disrepair Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Flannigan presented Evidence "WS 2 ", and "WS 3" and displayed photographs of the property in Violation to those in attendance and said, "This Violation was first observed on September 13 (2011). The pool is seen through the glass door and you can tell it is stagnant. There is a fence surrounding the yard that is also in disrepair. The Code Violation was mailed to the owner of Record on September 13 (2011). The Notice was signed for on September 17 (2011). The property has been routinely checked and is still in Violation as of today. I received a message from Mr. Fraser, but could not make out the first name; stating that the property was foreclosed on. He did not leave a call back number or any bank information. The Property Appraiser shows Edmund Fraser as owner of Record. Certified mail of the Code [Enforcement] Board Meeting was mailed on October 3rd, (2011). Property was posted also on October 3 (2011), we are asking for Finding of Fact and Relief." Continuing, Inspector Flannigan stated, "In regards to this Case, I am recommending that the owner be given until November 1 (2011) and a two hundred dollar ($200.00) a day Fine imposed with a Non - Compliance. I did not find any Bank information on the property other than the initial mortgage." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 16 OF 19 "I MOVE TO FIND RESPONDENT EDMUND FRASER IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. DEPUTY CITY CLERK BROWN ASKED, "CAN WE GET CLARIFICATION ON THE AMOUNT ?" CHAIRPERSON WOOD REPLIED, "TWO HUNDRED DOLLARS ($200.00) A DAY." VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.16 Code Enforcement Division — Police Department CASE #11- 0027000 Robert Fraser 103 Blue Creek Drive Winter Springs, Florida 32708 Sec. 13 -2. Stagnant Pool, Overgrown Grass Date Of Service: October 4, 2011 Inspector — Christi Flannigan Inspector Flannigan stated, "We are only going to hear about the pool. The grass is a completely separate issue that Captain (Chris) Deisler will take care of." Chairperson Wood asked, "Is there any way — gates like that, that you could put two (2) padlocks on ?" Assistant City Attorney Kate Latorre remarked, "The Health Safety and Welfare Motion which is in your sample Motions for things like an open pool that is not properly secured, the Statutes allow for the City to take certain actions to rectify a problem like that." Chairperson Wood then added, "Then you can just charge them." Assistant City Attorney Latorre noted, "It is a separate stand alone Lien." Chairperson Wood asked, "Do we need to incorporate that in our Motions ?" Assistant City Attorney Latorre said, "Yes. The type of Motion that the Vice Chair(person) made a few cases ago." Vice Chairperson Fisher said, "That is the second paragraph." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — OCTOBER 18, 2011 PAGE 17 OF 19 Chairperson Wood then asked, "Do we have to specifically say though, that it has to be locked ?" Assistant City Attorney Latorre then added, "No." Chairperson Wood asked, "So, it is up to their discretion." Assistant City Attorney Latorre remarked, "Correct. Leave it general to secure the property and then they can take discretionary action." Chairperson Wood stated, "Anything that is with a stagnant pool — as far as the Health and Safety issues go, and then they can take care of those as deemed necessary." Tape 1/ Side B Discussion. Assistant City Attorney Latorre said, "You can go back and reconsider and Amend your Motion. Inspector Flannigan remarked, "Under [Section] 13 -2., because of the Health and Safety issue, Captain Deisler has the discretion to take that action if necessary." Assistant City Attorney Latorre commented, "That's another avenue under the Code." Corporal Flannigan stated, "If it's deemed a health and safety hazard issue that needs immediate action for that reason, then we can take it without bringing it to the Board." Chairperson Wood suggested that they go back to Amend the Motion and asked Board Member Wentz regarding his last Motion and said, "It doesn't matter to me — and since it is screen enclosed and within two (2) weeks they are going to be dealing with it anyway." Chairperson Wood said, "They are going to notify them whether they are doing anything with it. You will still be monitoring it all obviously, because you know nothing has been done with it. Then if you find something is open, you will then take necessary precautions that need to be made to secure it." Inspector Flannigan replied, "Correct." Chairperson Wood stated, "Then I agree with you Board Member Wentz. Board Member Giltz, do you agree ?" Board Member Giltz replied, "Yes." Chairperson Wood then asked Vice Chair(person) Fisher. There was no objection. Chairperson Wood was provided "WS 2" and "WS 3" as Evidence for this Case. Inspector Flannigan began her Testimony and commented, "Observed this Violation on September 13 (2011). The pool as seen through the glass door is stagnant. Seminole County Health Department has been notified of the pool. They stated that they sent mosquito control to this residence and also noted that the screen enclosure is missing the screens. They have attempted to notify the property owner also. Notice of Violation was mailed to the owner of Record on September 13 (2011). The Notice was signed for by a B. Fraser on September 17 (2011). Again, I received a message from Mr. Fraser. Do not know what his first name was, stating that it was foreclosed on. I have not found any bank information other than the initial mortgage. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 18, 2011 PAGE 18 OF 19 Certified mailing of Code (Enforcement) Board meeting was mailed on October 3rd, (2011). Property has been routinely checked and is still in Violation as of today. Notice was posted October 3 (2011) of this Hearing. Photographs of the property in Violation were shown to those in attendance. Continuing, Inspector Flannigan stated, "I am recommending that the owner be given until November 1 (2011) with a two hundred and fifty dollar ($250.00) a day Fine imposed if found in Non - Compliance." Chairperson Wood commented, "This would be an example of when you use that — so, my question would be so since the screens are missing, and we've got an owner of Record, he is not going to respond — and we don't have the Certificate of Title moved over to the Bank, so what do we do in this case. How are you going to take care of the screens ?" Vice Chairperson Fisher remarked, "I would suggest that we add that second paragraph." Chairperson Wood asked, "At what point do you deem it necessary to actually drain the pool and cover it ?" Inspector Flannigan remarked, "That would be entirely up to Captain Deisler." Chairperson Wood stated, "I would like to know the answer to that, maybe by the next meeting." Inspector Flannigan commented, "The Board can definitely recommend that that is the appropriate action to take if this is not corrected by a specified date." Chairperson Wood then inquired, "Wouldn't that be understood Kate (Latorre) in this paragraph that Vice Chair(person) Fisher is going to — incorporate it into his Motion? The Health and Safety — that if it is necessary to cover the pool — and do it so that nobody can get into the pool. If it is necessary, he will do it that is understood by reading this." Assistant City Attorney Latorre remarked, "Yes, it leaves discretion to the Code Officers." "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 1 (2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR THE FIRST DAY AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — OCTOBER 18, 2011 PAGE 19 OF 19 FURTHER, 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 CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY CONSISTENT WITH CHAPTER 162. FLORIDA STATUTES TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE WARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES REGULAR 503.1 Not Used REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT No one spoke. ADJOURNMENT Chairperson Wood adjourned the Regular Meeting at 7:58 p.m. RESPECTFULLY SUBMITT : :I // A- 4 1 IAN L. BRM 1 ig PUTY CITY CLERK TE: These Minutes were approved at the November 15, 2011 Code Enforcement Board Regular Meeting.