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HomeMy WebLinkAbout2011 11 15 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING NOVEMBER 15, 2011 CALL TO ORDER The Regular Meeting of Tuesday, November 15, 2011 of the Code Enforcement Board was called to Order by Chairperson 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: Chairperson Laura -Leigh Wood, present Vice Chairperson Hugh Fisher, present Board Member Laurie Bates Calhoun, present Board Member Barbara Croswell, present Board Member Carole Giltz, present Board Member Gregg Roero, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Chairperson Wood stated, "Let the Record show that there were no absences this evening." There was a moment of silence followed by the Pledge of Allegiance. Chairperson Wood inquired about Agenda changes in which Assistant to the City Clerk Carol Lallathin noted, "We will not be hearing Agenda Item `503.3'. Deputy City Clerk Joan 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 - NOVEMBER 15, 2011 PAGE 2 OF 19 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The October 18, 2011 Code Enforcement Board Regular Meeting Minutes. Chairperson Wood noted, "At this time I would like a Motion to Approve last month's meeting [Minutes] that would be October 18, 2011." "SO MOVED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: 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 No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 3 OF 19 REPORTS 402. Office Of The City Clerk There was no Report. REPORTS 403. Code Enforcement Board Chairperson No Report was given. REPORTS 404. Code Enforcement Board Vice Chairperson There was no Report. REPORTS 405. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 501.1 Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 4 OF 19 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Division — Police Department CASE #11- 0026605 Brian And Pamela Fletcher 986 Shetland Trail Winter Springs, Florida 32708 Sec. 13 -2. Trash And Debris Date Of Service: November 1, 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" for this Case to the Board Members and began her Testimony by stating, "This Violation was first observed on July 14 (2011). There are several large pieces of wood in five (5) gallon buckets in the backyard. I spoke with the owner and he said that he is preparing to sell the house. He is out of state. At the time, there was a family living at the residence; as of this week it has become vacant. He said that he was in Virginia initially for a family emergency and that he had his son coming down from Jacksonville to take care of the property, but there has been no improvement at all. The Notice of Code Violation was mailed to the owner of Record on July 28 (2011). It was signed for by a William Fletcher. This property has been routinely checked and found to still be in Violation as of November 14 (2011). Certified mail of Code (Enforcement) Board meeting was signed for on November 9 (2011) by Brian Fletcher. This Notice was also mailed First Class and has not been returned by the owners of Record. Property was Posted with Notice of this Hearing on November 2 (2011) by Inspector Christi Flannigan with Notice of Code (Enforcement) Board meeting." Photographs of the property in Violation were shown to those in attendance. Additional comments regarding the ownership and maintenance of this property were discussed. Continuing, Inspector Flannigan remarked, "In this Case, I am recommending that the owner be given until November 30 (2011) to correct the Violation and a Fine of one hundred dollars ($100.00) a day if in Non - Compliance." As indicated on the "WS 1" Evidence presented, the Code Enforcement Division, Police Department are asking for Finding of Fact and Relief. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 5 OF 19 Discussion. "I MOVE TO FIND RESPONDENT BRIAN AND PAMELA FLETCHER IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 30 (2011) TO CORRECT THE VIOLATION. IN THE EVENT THAT THE 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 BY VICE CHAIRPERSON FISHER. DISCUSSION. VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE #11- 0026612 Brian And Pamela Fletcher 986 Shetland Trail Winter Springs, Florida 32708 IPMC 302.7 Accessory Building Date Of Service: November 1, 2011 Inspector — Christi Flannigan Inspector Flannigan commented, "I would like to present into Evidence `WS -2' and 'WS- 3' which is the Affidavit of Posting and the green card signed for by Brian Fletcher." Continuing, Inspector Flannigan noted, "This was also observed September 17 (2011). There are several areas of the Accessory building — that have holes in the walls and walls missing. I have spoken with the owner who states that he is preparing it to sell. The Notice of Code Violation was mailed to the owner of Record on October 4 2011. This Notice was returned `Unclaimed'. This property has been routinely checked and was found to still be in Violation as of November 14 (2011). Certified mail of Code (Enforcement) Board meeting was signed for by Brian Fletcher on November 9 (2011). This Notice was also mailed First Class and has not been returned." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 6 OF 19 With further comments, Inspector Flannigan stated that the property was Posted with Notice of this Hearing on November 2 2011 by Inspector Flannigan with Notice of Code (Enforcement) Board meeting. Photographs of the property were displayed and Inspector Flannigan noted, "In regards to this Case, I am recommending that the owner be given until November 30 (2011) to correct and two hundred dollars ($200.00) a day if found in Non - Compliance." Code Enforcement Division, Police Department are asking for Finding of Fact and Relief as indicated on the "WS 1" Evidence for this Case. Discussion ensued regarding the condition of the property and accessory building. Inspector Flannigan stated, "It is very flimsy; my concern and the neighbors concern was because the walls are half missing and it is braced very well on the inside but the walls outside are very flimsy and all it would take — is a good gust of wind and blow the walls down." Chairperson Wood asked, "So, if a child was playing in there ?" Inspector Flannigan noted, "They are going to get hurt." Vice Chairperson Hugh Fisher inquired, "Were any of these structures permitted ?" Inspector Flannigan specified, "Whenever he purchased the house, the structures were already there." Note: The Respondent was not present. "I MOVE TO FIND BRIAN AND PAMELA FLETCHER IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 30 (2011) TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR THE FIRST DAY AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 7 OF 19 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Division — Police Department CASE #11- 0026940 Manuel Sarnes 744 Sherwood Drive Winter Springs, Florida 32708 Sec. 13 -2. Tree Trimmings Sec. 9 -374. No House Numbers Date Of Service: November 1, 2011 Inspector — Christi Flannigan Inspector Flannigan presented into Evidence "WS 2" which is the Affidavit of Posting for the Notice of Code (Enforcement) Board and Testified, "This Violation was first observed August 29 (2011). There are several large pieces of fallen (tree) branches in the yard. There are no house numbers posted at the door or the carport area. I have had no contact with the owner of Record. The Notice of Code Violation was mailed to the owner of Record on September 9th, (2011) and was signed for by A. Sarnes on September 10 (2011). This property has been routinely checked and was found to still be in Violation as of November 14 (2011). Certified mail of Code (Enforcement) Board meeting was mailed on November 1st, (2011). This Notice was also mailed First Class and has not been returned by the owners of Record. Property was Posted with Notice of this Hearing on November 2" (2011) by Inspector Flannigan with Notice of Code (Enforcement) Board meeting." Photographs of the property were displayed in the PowerPoint presentation to those in attendance. Next, Inspector Flannigan stated, "In regards to this Case, I am recommending that the owner be given until November 30 (2011) with a Fine of one hundred dollars ($100.00) a day imposed if found in Non - Compliance." It was indicated on the "WS 1" Evidence that Code Enforcement Division, Police Department is asking for Finding of Fact and Relief Order. Note: The Respondent was not present. "I MOVE TO FIND RESPONDENT, MANUEL SARNES IN VIOLATION OF CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 30 (2011) TO CORRECT THE VIOLATION. IN THE EVENT, THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY AND ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 8 OF 19 VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS — NEW CASES 502.4 Code Enforcement Division — Police Department CASE #11- 0026952 Kenneth Disch Trustee 708 Lakeside Drive Winter Springs, Florida 32708 Sec. 13 -2. Garage Wall IPMC. 304.6 Oil Container on Side of House Date Of Service: November 1, 2011 Inspector — Christi Flannigan Inspector Flannigan submitted "WS 2" and "WS 3" into Evidence to the Board and began her Testimony stating, "This Violation was first observed on August 29 (2011). There are several containers of oil stored outside of the garage. There are holes in the exterior walls. There has been no contact with the owner of Record. The Notice of Code Violation was mailed to the owner of Record on September 13 (2011) and the letter was returned `unclaimed'. This letter was Posted on the property on September 21 (2011). This property has been routinely checked and was found to still be in Violation as of November 14 (2011). Certified mail of Code (Enforcement) Board meeting was mailed on November 1 (2011) and was returned `unclaimed'. This Notice was also mailed First Class and has been returned. Property was Posted with Notice of this Hearing on November 2 (2011) by Inspector Flannigan with Notice of Code (Enforcement) Board meeting." A PowerPoint presentation with photographs was provided for all in attendance. Next, Inspector Flannigan noted, "In regards to this Case, I am recommending the owner be given until November 30 (2011) to correct the Violation and a Fine of two hundred dollars ($200.00) a day imposed if found in Non - Compliance." It was indicated on the "WS 1" Evidence, that Code Enforcement Division, Police Department is asking for Finding of Fact and Relief Order for this Case. Discussion ensued regarding the Code Violation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 9 OF 19 Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 30 (2011) TO CORRECT THE VIOLATION. IN THE EVENT, THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR THE FIRST DAY AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Division — Police Department CASE #11- 0027024 Louis Su And Nelly Su Chong 140 Cory Lane Winter Springs, Florida 32708 IPMC 304.10 Porches And Balconies Date Of Service: Certified November 7, 2011 Inspector — Christi Flannigan Chairperson Wood was provided "WS 2 ", the Certified Return Receipt and "WS 3 ", the Affidavit of Posting, as Evidence for this Case by Inspector Flannigan who then began her Testimony and stated, "This Violation was first observed on September 9 (2011). The rear porches and balconies had rotten metal supports, missing the screens and the doors did not function correctly. I have spoken with the owner who advised that the tenants continue to tear out the screens and that he cannot keep repairing them. He was advised that he did not have to attend this meeting but it would be heard for Finding of Fact, in the event the problem continues. The Notice of Code Violation was mailed to the owner of Record on September 9th, (2011) and the letter was signed for by Nelly Su on September 9th, (2011)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 10 OF 19 Continuing, Inspector Flannigan stated, "This property has been routinely checked and was found to have the frames repaired, and the screens were repaired as of yesterday (November 14 2011). Certified mail of Code (Enforcement) Board meeting was signed for on November 7 (2011). This Notice was also mailed First Class and has not been returned. Property was Posted with Notice of this Hearing on November 2 (2011) by Inspector Flannigan with Notice of Code (Enforcement) Board meeting." Photographs of the property in Violation were shown to those in attendance. Inspector Flannigan remarked, "We are just asking for Finding of Fact on this Case in the event that it continues to become an issue." Board Member Gregg Roero asked, "Now the renters are complaining, right ?" Inspector Flannigan replied, "Correct." Continuing, Board Member Roero stated, "And the owner is refusing until — the renters are gone so he repaired them to some degree? Inspector Flannigan remarked, "Correct." Board Member Roero commented, "So, we are Finding of Fact on the repairs that he completed, but the door is not there ?" Inspector Flannigan stated, "Correct. There is no door as of yesterday (November 14 2011) on that bottom unit. He is stating that the renters keep removing everything, but I have seen no sign of a door being put there." Board Member Roero reiterated, "So, we are just Finding of Fact without a Fine." Inspector Flannigan replied, "Correct." Further discussion ensued on the maintenance of the property. Inspector Flannigan commented that this has been a work in progress. Vice Chairperson Fisher noted, "Just a point of clarification, is there some requirement in the Code that there be a door in the screened porch ?" Inspector Flannigan commented, "If it is mentioned `Have a screened door' it should have a screened door; if it was like on these balconies and porches, they are designed to have screens they have to, by IPMC (International Property Maintenance [Code]) Code they are suppose to have the screens installed properly." Discussion ensued regarding that the Order be given a specified date. Assistant City Attorney Kate Latorre explained, "If your intention is to eventually hold the respondent responsible for not correcting the Violation within a certain amount of time, then, I would recommend that you would go with the first Motion because there is still a Violation. In Motion number two (2), we are assuming that everything is completely corrected as of right now as of this Hearing. And I do not think that is the case, but you are willing to work with him which is Fine and is acceptable, if it is acceptable to the Board. But in that case I would recommend that you go with the first Motion and give him until December 31 (2011) to correct and then if at the end of the year he is not in Compliance that brings him back in January (2012)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 11 OF 19 Board Member Jim Wentz stated, "My only comment with that is that they did not bring the screen door Violation as part of their presentation tonight." Inspector Flannigan stated, "IPMC (International Property Maintenance Code) does not specify the door, it specifies the screens, the frames and it should be all inclusive." Assistant City Attorney Latorre asked, "Is it included on your list of Violations and on your initial list of Violations ?" Inspector Flannigan replied, "Whenever I sent him that, I met with him two (2) days later at the property and we went through everything and he was informed verbally that it needs to be — the screens, the porch and the balcony have to be brought under Compliance and he was handed a IPMC (International Property Maintenance [Code]) Code." Assistant City Attorney Latorre, "So, in your Notice of Hearing for tonight's Hearing it says for a description of Violations that the porches and balconies are intended to be screened and no screens are installed. So, that is still a Violation of the IPMC (International Property Maintenance Code). It is a Violation that was included in one of the citations in your initial Notice of Violation ?" Inspector Flannigan stated, "It does not specify that the door has to be there. IPMC (International Property Maintenance Code) `304.14' specifies that the screens to the porches have to be there." Assistant City Attorney reiterated that the Board could still go with Motion number one (1). Board Member Roero asked, "How much should we assess him if he does not come to..." Chairperson Wood stated, "...Are you asking about the dollar amount ?" Board Member Roero noted, "Yes." Chairperson Wood commented, "That would be up to the Board Members." Then, Board Member Roero asked, "What would you suggest ?" Chairperson Wood responded, "I would say that we stay with two hundred dollars ($200.00) and that we give him the time period that Inspector Flannigan had given — thirty (30) days." Vice Chairperson Fisher remarked, "I would suggest that we give Inspector Flannigan and the people involved in this Case some additional time to work this out because they apparently are working on it. I do not want to unfairly impede that cooperative effort. So, I would suggest that we look at sixty (60) days." Further discussion ensued about the time period and it was determined to use the date of December 31, 2011. Note: The Respondent was not present. "I MOVE TO FIND LOUIS SU AND NELLY SU CHONG IN VIOLATION OF THE CITY CODE AND ORDER THAT THE CHONG'S (RESPONDENT) BE GIVEN A DATE OF DECEMBER 31 2011 TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 12 OF 19 IN THE EVENT THE RESPONDENT FAILED TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) FOR THE FIRST DAY AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS — NEW CASES 502.6 Code Enforcement Division — Police Department CASE #11- 0027065 Jeffery And Jamie Berg 688 Fortrose Drive Winter Springs, Florida 32708 Sec. 6 -195. Fence Repair Date Of Service: November 1, 2011 Inspector — Christi Flannigan Inspector Flannigan stated, "I would like to submit into Evidence `WS 2' which is the Affidavit of the Code (Enforcement) Board Notice and `WS -3' which is Notice of Code Violation Posted on the property." This Violation was first observed September 14 (2011). There are several slats from the fence missing or broken. I have had no contact with the owner of Record. The Notice of Code Violation was mailed to the owner of Record on September 23 (2011). The letter was returned `Unclaimed'. This letter was Posted on the property on October 18 (2011). The property has been routinely checked and was found to be in Violation as of November 14 2011. Certified mail of Code (Enforcement) Board meeting was mailed on November 1st, (2011). This notice was also mailed First Class and has not been returned by the owners of Record. Property was Posted with Notice of this Hearing on November 2 (2011) by Inspector Flannigan with Notice of Code (Enforcement) Board meeting." Photographs of the property in Violation were shown to those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 13 OF 19 Inspector Flannigan remarked, "In regards to this Case, I am recommending the owner be given until November 30 (2011) with one hundred dollars ($100.00) a day imposed if found in Non - Compliance." Discussion ensued as to whether there is a pool on the property. It was determined that there is not a pool on the property. The Code Enforcement Division, Police Department is asking for Finding of Fact and Relief Order as indicated on Evidence "WS 1" as presented. Tape 1 /Side B Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENTS JEFFERY AND JAMIE BERG IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL NOVEMBER 30 2011 TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THAT THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER WENTZ STATED, "I WOULD LIKE CLARIFICATION WHAT DATE WAS CHOSEN." CHAIRPERSON WOOD NOTED, "NOVEMBER 30 (2011). VICE CHAIRPERSON FISHER COMMENTED, "I WOULD JUST LIKE TO POINT OUT THAT IS ONLY TWO (2) WEEKS FROM NOW." VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 14 OF 19 PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Division — Police Department CASE #11- 0027079 Gregory Denunzio 583 Walden Court Winter Springs, Florida 32708 Sec. 13 -2. (c) Stagnant Pool Date Of Service: November 1, 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 and began her Testimony explaining, "This Violation was first observed September 19 (2011). The neighbors were complaining about the pool being stagnant. The pool is green and the water is stanant. I have had no contact with the owner of Record until yesterday (November 14 , 2011). He advised me that there was a pool service that was to be at the property today (November 15 2011) to clean the pool. As of today, no one has shown up. The Notice of Code Violation was mailed to the owner of Record on September 23` (2011). The letter was signed for by Michael Radecki on September 24 (2011). The property has been routinely checked and was found to still be in Violation as of today (November 15 2011). Certified mail of Code (Enforcement) Board meeting was mailed on November 1 (2011). This Notice was also mailed First Class and has not been returned by the owners of Record. Property was Posted with Notice of this Hearing on November 2 (2011) by Inspector Flannigan with Notice of Code (Enforcement) Board meeting." Inspector Flannigan commented, "In regards to this Case, I am recommending that the owner be given until November 30 (2011) with a Fine of two hundred dollars ($200.00) a day if found in Non - Compliance." As indicated on Evidence "WS 1", the Code Enforcement Division, Police Department are asking for Finding of Fact and Relief Order. Discussion. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT GREGORY DENUNZIO IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL NOVEMBER 30 (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 THE FIRST DAY AND TWO HUNDRED DOLLARS ($200.00) FOR EACH DAY THAT THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 15 OF 19 FURTHER THE VIOLATION CONSTITUTES A SERIOUS THREAT TO 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: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS — NON COMPLIANCE 503.2 Code Enforcement Division — Police Department CASE #11- 0025742 Wesley L. Smith 111 Elderwood Street Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: November 1, 2011 Inspector — Christi Flannigan Chairperson Wood was provided "WS 2 ", the Affidavit of Posting, and "WS 3 ", the Returned Notice from the Board from the previous Hearings. As Evidence for this Case, Inspector Flannigan stated, "This Violation was first observed on March 29 (2011). This Case was originally heard on July 17 (2011). The Order issued gave the Respondent until August 9 (2011) to correct with a Fine of one hundred dollars ($100.00) a day if found in Non - Compliance. This property has been routinely checked and was found to still be in Violation as of November 14 (2011). Some of the fence has been repaired, there are sections of the fence that have fallen. The neighbor did put the fence back up. The Order of the Board was mailed Certified on July 22 ", (2011). The letter was returned `Unclaimed'. The property was Posted on November 2 " (2011) by Inspector Flannigan." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 16 OF 19 Photographs from the original Hearing were displayed followed by more current photographs of the property in Violation. Inspector Flannigan noted that a section of this property's Violation had been corrected. Discussion. Assistant City Attorney Latorre noted, "This is a Non - Compliance Case — confirming that the Violation still exists, we will go ahead and Record the Lien. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NON COMPLIANCE 503.3 Code Enforcement Division — Police Department CASE #11- 0026337 Indian Ridge Condo Association 349 San Rafael Court Winter Springs, Florida 32708 Sec. 6 -195. Fence Date Of Service: Certified November 2, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 17 OF 19 PUBLIC HEARINGS — NON COMPLIANCE 503.4 Code Enforcement Division — Police Department CASE #11- 0026338 Indian Ridge Condo Association 349 San Rafael Court Winter Springs, Florida 32708 IPMC 304.2 Paint Date Of Service: Certified November 2, 2011 Inspector — Christi Flannigan Inspector Flannigan submitted into Evidence "WS 2 ", "WS 3" and "WS 4." Inspector Flannigan began her Testimony and stated, "This Violation was first observed on May 19 (2011). The Order of the Board was signed for on September 26 (2011) by Alana Dietel. This property has been routinely checked and found to still be in Violation as of today (November 15 2011). Certified mail of Code (Enforcement) Board meeting was mailed on November 1St, (2011). This Notice was signed for on November 2 "d , (2011) by Alana Dietel. This Notice was also mailed First Class. Property was Posted on November 2" (2011) by Inspector Flannigan. We are asking for the previous Order of the Board be entered into Record as a Lien." "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - NOVEMBER 15, 2011 PAGE 18 OF 19 PUBLIC HEARINGS - NON COMPLIANCE 503.5 Code Enforcement Division — Police Department CASE #11- 0026339 Indian Ridge Condo Association 349 San Rafael Court Winter Springs, Florida 32708 IPMC 304.9 Soffits Date Of Service: Certified November 2, 2011 Inspector — Christi Flannigan Chairperson Wood was presented "WS 2 ", "WS 3" and "WS 4" as Evidence for this Case by Inspector Flannigan. Inspector Flannigan commented, "This Violation was first observed on May 19 (2011). The Order of the Board was signed for on September 26 (2011) by Alana Dietel. This is still in Violation as of November 14 (2011). Certified mail of Code (Enforcement) Board meeting was mailed on November 1 (2011). This Notice was signed for on November 2 (2011) by Alana Dietel. This Notice was also mailed First Class and has not been returned. Property was Posted on November 2" (2011) by Inspector Flannigan. We are asking for the previous Order of the Board be entered into the Record as a Lien." Photographs were presented to all those present. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER CROSWELL: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — NOVEMBER 15, 2011 PAGE 19 OF 19 PUBLIC INPUT No one spoke. ADJOURNMENT Chairperson Wood adjourned the Regular Meeting at 8:12 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK AND . • u 7 CAROL A. LALLATHIN ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the December 20, 2011 Code Enforcement Board Regular Meeting.