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HomeMy WebLinkAbout2012 01 17 Consent 200 Requesting Approval of the Code Enforcement Regular Meeting Minutes of December 20, 2011 l CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 20, 2011 Cs7 CALL TO ORDER The Regular Meeting of Tuesday, December 20, 2011 of the Code Enforcement Board was called to Order by Vice Chairperson Hugh Fisher at 7:09 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, arrived at 7:23 p.m. Vice Chairperson Hugh Fisher, present Board Member Laurie Bates Calhoun, present Board Member Barbara Croswell, absent Board Member Carole Giltz, absent [Excused] Board Member Gregg Roero, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Vice Chairperson Fisher inquired, "Have you received any other notification from the absent Board Members ?" Continuing, Chairperson Fisher stated, "Board Member Giltz, Chair[person] Laura -Leigh Wood and Board Member Croswell's absence tonight will be Unexcused." There was a moment of silence followed by the Pledge of Allegiance. Vice Chairperson Fisher inquired about Agenda Changes in which Assistant to the City Clerk Carol Lallathin noted, "We will not be hearing Agenda Item `502.1', `502.2', `502.4' and `503.1'." Inspector Christi Flannigan, Code Enforcement Division, Police Department stated, "Agenda Item `502.1' and Agenda `502.2' will be a little modified — it will still be heard but we are not asking for a penalty be imposed." Vice Chairperson Fisher commented, "So, those will not be presented as Cases tonight ?" Inspector Flannigan replied, "Correct. I will be asking for an Order of the Board." Assistant to the City Clerk Lallathin swore in the Winter Springs Code Enforcement Inspectors who may be providing Testimony during the presentation of the Cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 2 OF 20 INFORMATIONAL AGENDA INFORMATIONAL "d 100. Not Used tvl CONSENT AGENDA d CONSENT 200. Office Of The City Clerk Requesting Approval Of The November 15, 2011 Code Enforcement Board Regular Meeting Minutes. Vice Chairperson Fisher inquired, "Do I have a Motion for Approval of the — November 15 2011 Regular Meeting Minutes ?" "I MAKE A MOTION TO APPROVE THEM." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: 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 - JANUARY 18, 2012 PAGE 3 OF 20 REPORTS 7-, 402. Office Of The Clerk 0 O ce0 eCi tyC1 e Deputy City Clerk Joan Brown read an email sent to Chairperson Laura -Leigh Wood on Friday, December 16, 2011 from City Clerk Andrea Lorenzo - Luaces, to the Board Members regarding the representation of Code Enforcement Board Members to attend the City Commission meeting on January 23, 2012. Vice Chairperson Fisher remarked, "Could I ask that you forward that email to us ?" Deputy City Clerk Brown responded, "Sure." Vice Chairperson added, "I am sure that the absent Board Members would like that as well." Deputy City Clerk Brown stated, "Sure, no problem." REPORTS 403. Code Enforcement Chairperson There was no Report. REPORTS 404. Code Enforcement Vice Chairperson No Report was given. 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 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 4 OF 20 PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES `G 501.1 Not Used PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Division — Police Department CASE #11- 0026567 Bank Of America And William And Luzviminda Cannon 1013 Turkey Hollow Circle Winter Springs, Florida 32708 Sec. 6 -195. Fence Sec. 13 -2. Trash And Debris Date Of Service: November 29, 2011 Inspector — Christi Flannigan Inspector Flannigan submitted "WS 1" as Evidence, the CD PowerPoint presentations of all Cases being heard at this meeting. Next, Inspector Flannigan stated, "In reference to this Case (Agenda Item `502.1') and for (Agenda Item) `502.2', we are only going to hear about the fence. I would like to present into Evidence — the Cannon's provided me with paperwork of their Bankruptcy; by Bankruptcy Laws they are protected from Liens or Fines that we would have imposed. I would like to present that as `WS -2 through WS -4'. I have been to this house several times. The gate is broken. I am requesting that this Board give the City permission to put a lock on the gate with no Fines and no Penalties accrued on the property because of the Bankruptcy. I would just like to have this locked because there is a stagnant pool with a pool enclosure behind it. All I am asking is that the Board allows the City to lock the gate." Photographs related to this property were shown to those in attendance. Assistant City Attorney Kate Latorre remarked, "This is very unique because the Staff did not find out about the pending Bankruptcy action until late in the game and given the protection of the automatic — when you file Bankruptcy you can not penalize the property owner for Code Violation; you cannot Fine them. The City becomes liable in that case for damages and Attorney's fees and costs according to the Bankruptcy Laws. So, because there is a School bus (stop) there and a broken gate which is consistently open — that just feels strongly about getting the gate locked. The Bankruptcy Laws would not prohibit this Board from correcting the Health and Safety Violation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 5 OF 20 We just cannot put the debtor in further debt to the City. I think what the Staff is looking for is a general Order to authorize the Staff to lock the gate which is in this Board's "0 discretion." Note: The Respondent was not present. Discussion. "I MOVE THAT WE APPROVE THE STAFF'S RECOMMENDATION." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. Chairperson Laura -Leigh Wood arrived 7:23 p. m. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: I CANNOT VOTE; I JUST WALKED IN. MOTION CARRIED. Vice Chairperson Fisher stated, "I would like the Record to reflect that Chairperson Laura -Leigh Wood has arrived and her 'unexcused absence' is rescinded." PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Division — Police Department CASE #11- 0026568 Bank Of America And William And Luzviminda Cannon 1013 Turkey Hollow Circle Winter Springs, Florida 32708 Sec. 13 -2. Stagnant Pool Date Of Service: November 29, 2011 Inspector — Christi Flannigan Assistant City Attorney Latorre commented, "If I could just clarify, we are not going to hear `502.2' at all because we just addressed the `Fence', so we are going to move on to `502.3'. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 18, 2012 PAGE 6 OF 20 PUBLIC HEARINGS — NEW CASES �+ 502.3 Code Enforcement Division — Police Department CASE #11- 0026905 ` Katherine And Harold Noonan 103 Burgos Road 0 Winter Springs, Florida 32708 Sec. 13 -2. (b) Trash And Debris Date Of Service: Inspector — Christi Flannigan Inspector Flannigan commented, "I would like to present into Evidence `WS -2', 'WS- 3'and `WS -4'. `WS -2' is the signature for the Code (Enforcement) Board Hearing for tonight; `WS -3' is the Affidavit of Posting; `WS -4' is a copy of the green card that was signed for with the Notice of Violation." Continuing, Inspector Flannigan noted, "This Violation was first observed on August 26 2011. The Notice of Violation was mailed to the owner of Record on September 6th, (2011) and again on October 31 (2011); the Notices were signed for by `Harold Noonan' on September 14 (2011) and on November 3 (2011). This property has been routinely checked and is still in Violation as of today. Certified Mailing of the Code (Enforcement) Board meeting for tonight was signed on December 3 (2011) by `Harold Noonan'. Notice was also mailed First Class and Certified to the owner of Record and has not been returned. Property was Posted with Notice of Hearing on November 30 (2011)." Photographs related to this Case were shown to all present at this meeting. With further comments Inspector Flannigan remarked, "In regards to this Case, I am recommending that the owner be given until January 15 (2012) to correct and if not, a hundred dollars ($100.00) imposed. He did show up at the meeting tonight and we were talking outside and he asked that I give him until January 15 (2012). I am standing on the January 15 (2012) with him acknowledging what he needs to do to correct the issue. We are asking for Finding of Fact and Relief (Order)." Chairperson Wood commented, "Please let the record show that the Respondent was here earlier but was not present in the meeting. The City is asking for Finding of Fact, do I have a Motion ?" "I MOVE TO FIND THE RESPONDENT, KATHERINE AND HAROLD NOONAN, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL JANUARY 15 2012 TO CORRECT THE VIOLATION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 7 OF 20 IN THE EVENT THE RESPONDENT, KATHERINE AND HAROLD NOONAN, Z FAIL TO COMPLY BY THAT DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY AND A HUNDRED DOLLARS ($100.00) FOR EACH DAY THAT THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Division — Police Department CASE #11- 0026954 Darren Wendroff 728 Lakeside Drive Winter Springs, Florida 32708 Sec. 13.2. Trash And Debris Sec. 9 -374. No House Number IPMC 304.15 Rotten Garage Door Date Of Service: Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Division — Police Department CASE #11- 0027152 Jorge I. Gomes And Carolina Huitz 262 Buttonwood Avenue Winter Springs, Florida 32708 Sec. 6 -195. Fence Sec. 6 -217. No Pool Enclosure Date Of Service: November 29, 2011 Corporal — Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department stated, "I would like to present `WS -2' and `WS -3' which is Notice of Posting for tonight's meeting along with the Notice of Code Violation which was also Posted." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 8 OF 20 Then, Corporal Flannigan commented, "This Violation was first observed on October z 19 2011. This house was found — debris by the front door; a stagnant pool and a fence 'mod that was in need of repair which was the only pool enclosure that was present at the time. `b This Notice of Code Violation was Certified mailed, First Class mailed to the owner; both were returned `undeliverable'. On November 19 2011, I found that the pool had been covered and the debris was removed, however, the fence is still in need of repair. The pool was covered by wooden planks and a tarp was placed over top of it." Chairperson Wood asked, "It was drained ?" Corporal Flannigan replied, "No, it was covered; covered with boards, wire mesh and plastic so you cannot see the pool at this time. But the Fence has not been taken care of. Certified mail of the Code (Enforcement) Board meeting was returned `undeliverable' as well. The property was Posted with a Notice of the Code (Enforcement) Board meeting for this evening and Notice of Code Violation. We are asking for Finding of Fact and Relief Order in this matter." Discussion ensued regarding the Fence and the Pool Enclosure. Chairperson Wood inquired, "What about the City Code for the Pool ?" Corporal Flannigan stated, "At this point, it would still need to be repaired but with a cover being placed on it that is what the City would do anyway to cover it." Photographs related to this Case were shown to all present. Corporal Flannigan added, "The fence being repaired would constitute a pool enclosure. In recommendation to this, I give until January 10 2012 to correct the Violation. If not, a hundred dollars ($100.00) be imposed." "I WOULD LIKE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL JANUARY 10 2012 TO CORRECT THE VIOLATION. IN THE EVENT THAT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE 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 VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 9 OF 20 VOTE: CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE b BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE C� MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Division — Police Department CASE #11- 0027153 Paari Hohman 114 South Edgemon Avenue Winter Springs, Florida 32708 Sec. 13 -2. Trash And Debris IPMC 304.6 Exterior Wall Date Of Service: Certified November 30, 2011 Corporal — Jim Flannigan Corporal Flannigan stated, "I do apologize, that was a last minute change, this Case has been pulled." PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE 503.1 Code Enforcement Division — Police Department CASE #06- 0011389 Ruth Parham And C/O Faithanne Snell 902 Gazell Trail Winter Springs, Florida 32708 Sec. 13 -2. Junk And Debris Original Hearing: March 21, 2006 Date Of Service: Certified December 1, 2011 Corporal — Jim Flannigan This Case was not heard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 10 OF 20 PUBLIC HEARINGS - NON-COMPLIANCE �+ 503.2 Code Enforcement Division — Police Department CASE #11- 0025335 'd `v Kenneth G And Samantha Furboter 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.4 Deterioration Of Exterior Walls Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan Inspector Flannigan commented, "I would like to present into Evidence `WS -2', `WS -3', `WS -4' and `WS -5'. `WS -5' is the return receipt for Samantha and Kenneth Furboter. The Bank of America signed for their Notice and for the original Notice of the Board. This Case was first heard on October 18 2011. The property is still in Violation as of today. The Order of the Board gave the owners until November 1 2011 to correct and if Non - Compliant two - hundred fifty dollars ($250.00) a day Fine. The Order of the Board was signed for by Bank of America representation, Nelson Hernandez on October 28 (2011). The Furboter's Notice was returned `unclaimed'. There has been no contact from the owner of Record or the Bank. Notice of Code (Enforcement) Board Hearing was mailed to the owner of Record and Bank of America on November 29 (2011). Bank of America representative signed for the Notice on December 5 (2011). Notice for the Furboter's has not been returned. The Notice of the Code (Enforcement) Board Hearing was Posted at the property November 29 2011." Photographs related to this Case were shown to all present. In regards to this Case, Inspector Flannigan stated, "I am requesting that the Order of the Board be imposed as a Lien." Note: The Respondent was not present. "I WOULD LIKE TO MAKE THE MOTION THAT WE APPROVE THE RECOMMENDATION, THAT WE IMPOSE A LIEN BASED ON THE ORIGINAL FINE." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 11 OF 20 VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. d PUBLIC HEARINGS - NON - COMPLIANCE 503.3 Code Enforcement Division — Police Department CASE #11- 0025337 Bank Of America And Samantha And Kenneth Furboter 204 South Moss Road Winter Springs, Florida 32708 Sec. 9.374. No House Numbers Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan Inspector Flannigan submitted into Evidence "WS -2 ", "WS -3" and "WS -4 ". Inspector Flannigan began her Testimony and stated, "The `WS -5' is the Order of the Board returned `unclaimed' by the Furboter's. This Case was first heard on October 18 (2011); the property is still in Violation. The Board gave the owners until November 1 (2011) to correct and if in Non - Compliance two - hundred and fifty dollars ($250.00) a day fine. The Order of the Board was signed by Bank of America representative, Nelson Hernandez on October 28 (2011). The Furboter's Notice was returned `unclaimed'. There has been no contact from the owners. The Notice of the Code (Enforcement) Board Hearing was mailed to the owner of Record and Bank of America on November 29 (2011). Bank of America representative signed for the Notice on December 5th, 2011. The Furboter's has not yet been returned. The Notice of the Code (Enforcement) Board Hearing was Posted on the property on November 29 (2011)." In regards to this Case, Inspector Flannigan recommends that the original Order of the Board be imposed as a Lien. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 12 OF 20 VOTE: BOARD MEMBER WENTZ: AYE Y VICE CHAIRPERSON FISHER: AYE b BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE C�7 MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE 503.4 Code Enforcement Division — Police Department CASE #11- 0025342 Bank Of America And Samantha And Kenneth Furboter 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.13 Broken Window Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan Chairperson Wood was presented "WS -2 ", "WS -3 ", "WS -4" and "WS -5" as Evidence for this Case by Inspector Flannigan. Inspector Flannigan commented, th p g ted, This Case was first heard on February 18 , 2011. The property is still in Violation as of today. The original Order of the Board gave the owner until November 1 (2011) to correct. If found in Non - Compliance, a two - hundred fifty dollars ($250.00) a day Fine. The order of the Board was signed for by Bank of America representative, Nelson Hernandez on October 28 (2011). The Furboter's Notice was returned `unclaimed'. There has been no contact from the owner of Record or the Bank. The Notice of Code (Enforcement) Board Hearing was mailed to the owner of Record and the Bank on November 29 2011. Bank of America representative signed for the Notice on December 5 (2011). Notice of the Furboter's has been returned. The property was Posted with Notice of this Hearing on November 29 (2011)." Inspector Flannigan stated, "Regarding this Case, I am requesting that the Order of this Board be entered as a Lien." Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 18, 2012 PAGE 14 OF 20 Tape 1 /Side B "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE b PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS — NON - COMPLIANCE 503.6 Code Enforcement Division — Police Department CASE #11- 0025350 Bank Of America And Samantha And Kenneth Furboter 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.2 Raw Exposed Wood Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan Chairperson Wood was provided Evidence "WS -2 ", "WS -3 ", "WS -4" and "WS -5" as photographs relating to this Case was presented by Inspector Flannigan. Inspector Flannigan stated, "In regards to this Case, I am recommending that the original Order be entered in as a Lien." "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 14 OF 20 "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED b CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. C= VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE 503.6 Code Enforcement Division — Police Department CASE #11- 0025350 Bank Of America And Samantha And Kenneth Furboter 204 South Moss Road Winter Springs, Florida 32708 IPMC 304.2 Raw Exposed Wood Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan Chairperson Wood was provided Evidence "WS -2 ", "WS -3 ", "WS -4" and "WS -5" as photographs relating to this Case was presented by Inspector Flannigan. Inspector Flannigan stated, "In regards to this Case, I am recommending that the original Order be entered in as a Lien." "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 15 OF 20 VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE mo d CHAIRPERSON WOOD: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE 503.7 Code Enforcement Division — Police Department CASE #11- 0026183 Laura Francis And GMAC 443 Alderwood Street Winter Springs, Florida 32708 Sec. 6 -195. Fence Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan Inspector Flannigan stated, "I would like to present into Evidence `W -2', WS-3',' WS-4', `WS -5' and `WS -6'. This Case was first heard on October 18 (2011) and found to be in Violation. The Order of the Board gave the owner until November 1 (2011) to correct. If found in Violation, a two hundred fifty dollar ($250.00) a day Fine. The Order was signed for by GMAC (Mortgage, LLC) representative, Greg Caya on October 27 (2011) and by C. DeVittorio on November 14 2011. There has been no contact from the owner of Record. The Notice of the Code (Enforcement) Board Hearing was Certified and First Class mailed to owner of Record and GMAC (Mortgage, LLC). Certified Notice for GMAC (Mortgage, LLC) was signed for by Greg Caya on December 5 (2011). The property was Posted with the Notice of Hearing on November 30 2011." Photographs related to this Case were displayed for all present. In regards to this Case, Inspector Flannigan is recommending that the original Order of the Board be put in as a Lien. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 16 OF 20 "I WOULD LIKE TO MOVE THAT THE ORIGINAL ORDER OF THE BOARD BE ESTABLISHED AS A LIEN ON THE AFOREMENTIONED PROPERTY." MOTION BY VICE CHAIRPERSON FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: C� VICE CHAIRPERSON FISHER: AYE C7 BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE 503.8 Code Enforcement Division — Police Department CASE #11- 0026800 Bank Of America 601 Marlin Road Winter Springs, Florida 32708 Sec. 13 -2. Stagnant Pool Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Corporal — Jim Flannigan Corporal Flannigan presented "WS -2" which is Notice of Posting into Evidence and stated, "This Violation was first observed on August 9 2011. I observed that the house is currently vacant and I observed other Violations along with the fence into the backyard was open and damaged which is the only pool enclosure. I also observed that the pool was stagnant with no power to the property. This Case was brought before the Code (Enforcement) Board and a guilty verdict with a two hundred fifty dollar ($250.00) a day Fine was imposed. This property is still in Non - Compliance and no repairs have been made by the Bank or the listed property owner. The Code (Enforcement) Board's Order was Certified mail to Bank of America and signed for on November 9 2011. The Order was returned `undeliverable' to William Riggins. The property was Posted on November 29 (2011). The Code (Enforcement) Board Hearing for this evening Certified mail and First Class mail was also completed and neither has been returned." Photographs related to this Case were presented by Corporal Flannigan. Corporal Flannigan's remarked, "My recommendation on the Order of the Board be entered in as a Lien." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 18, 2012 PAGE 17 OF 20 Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE mo PENALTIES SET FORTH IN THIS BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER WENTZ: AYE MOTION CARRIED. PUBLIC HEARINGS — NON - COMPLIANCE 503.9 Code Enforcement Division — Police Department CASE #11- 0026999 Edmund Fraser Jr. 100 Blue Creek Drive Winter Springs, Florida 32708 Sec. 13 -2. Stagnant Pool Sec. 6 -195. Fence Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan Inspector Flannigan stated, "This Violation was first presented to the Board on October 8 n , 2011. The Order of the Board gave the owner until November 1 (2011) to correct and a Fine of two hundred dollars ($200.00) a day if found in Non - Compliance. As of today, this Violation still exists. The Order of the Board was mailed to the owner of Record, Edmund Fraser, Jr. and signed for by B. Fraser November 2 (2011). There has been no contact with the owner of Record. I would like to present into Evidence `WS -2', `WS -3', and `WS -4'. Notice of this Hearing was mailed to the owner of Record on November 29 (2011). The Notice was signed for by Fraser on December 1 (2011). The property was Posted with Notice of a Hearing on November 29 (2011)." Photographs related to this Case were displayed and discussed by Inspector Flannigan. Inspector Flannigan commented, "In regards to this Case, I am recommending that the original Order of the Board be entered as a Lien." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 18 OF 20 Discussion ensued regarding this Case, and Inspector Flannigan remarked, "Other than 2 the stagnant pool, it is in Compliance now that I closed the gate and pulled it back up." Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE d PENALTIES SET FORTH IN THE BOARD'S ORDER SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER CALHOUN. DISCUSSION. BOARD MEMBER ROERO COMMENTED, "I AM CONCERNED BECAUSE THERE HAS BEEN NOTHING REALLY SUBSTANTIVE DONE, IT DOES NOT APPEAR TO ME SINCE THE ORIGINAL ORDER OTHER THAN CLOSING THE GATE. WAS THERE ANY REPAIR DONE TO THE FENCE ?" INSPECTOR FLANNIGAN REPLIED, "NO, THERE HAS NOT BEEN ANY REPAIR DONE OTHER THAN ME PULLING IT AND LIFTING IT UP." BOARD MEMBER ROERO REMARKED, "MY CONCERN IS THAT THE STAGNANT POOL IS A PUBLIC HEALTH PROBLEM, BUT YOU SAY IT IS SCREENED ?" INSPECTOR FLANNIGAN STATED, "YES." VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE CHAIRPERSON WOOD: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS - NON - COMPLIANCE 503.10 Code Enforcement Division — Police Department CASE #11- 0027000 Bank Of America 103 Blue Creek Drive Winter Springs, Florida 32708 Sec. 13 -2. Stagnant Pool Sec. 6 -195. Fence Original Hearing: October 18, 2011 Date Of Service: November 29, 2011 Inspector — Christi Flannigan With further discussion, Inspector Flannigan stated, "I have Noticed both Bank of America and Robert Fraser. Robert Fraser is the owner of Record." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 18, 2012 PAGE 19 OF 20 Continuing, Inspector Flannigan explained, "There was a Notice of Vacancy Posted on 2 the property by Bank of America, so I also Noticed them as a courtesy." Assistant City Attorney Latorre inquired, "Bankruptcy or Notice of Foreclosure ?" Inspector Flannigan answered, "A Notice of Vacancy. That the house was vacant so, I just sent them Notice of what we have already." CrJ Then, Inspector Flannigan resumed her Testimony stating, "This was first observed and presented to the Board on October 18 (2011). The Order of the Board gave the owner until November 1 (2011) to correct with a Fine of two hundred fifty dollars ($250.00) a day today, Violation still exists. The Order of if found in Non-Compliance. As to Y p Y, h owner of Record, Edmund Fraser, Board was mailed to the o , Jr. and was returned `unclaimed'. There has been no contact from the owner of Record. Bank of America Posted a Notice of Vacancy on the door on November 23 2011." Inspector Flannigan submitted into Evidence "WS -2 ", "WS -3 ", "WS -4 ", and "WS -5" and commented, "Notice of this Hearing was mailed to the owner of Record on November 29 (2011). The Notice was signed for by Fraser on December 1 (2011). Since Bank of America Posted it as vacant, a Notice of this Hearing Certified mailed and First Class mailed to them. It was signed for on December 2 (2011). The property was Posted with Notice of this Hearing on November 29 (2011)." Photographs related to this Case were shown to all present by Inspector Flannigan. Inspector Flannigan specified, "In regards to this Case, I am recommending that the original Order be entered in as a Lien." Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD'S ORDER SHALL BE CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER CALHOUN. SECONDED BY BOARD MEMBER WENTZ. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE CHAIRPERSON WOOD: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. REGULAR AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 18, 2012 PAGE 20 OF 20 REGULAR 600. Not Used b PUBLIC INPUT No one addressed the Board at this time. ri " received a letter of resignation from Board Member resi Chalrperson Wood remarked, I rece g (Barbara) Croswell." Chairperson Wood stated, "What I would like to report to the City Commission is that we did have quite a year; we had the `red light infraction cases'; and we had a lot of cases with the economical down turn of the housing market. Is there something we need to ask of the City Commissioners ?" Vice Chairperson Fisher noted, "No, I think we should go on Record with them that we are appreciative of the fact that they have provided the `Attorney' to be present." ADJOURNMENT Chairperson Wood adjourned the Regular Meeting at 8:19 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK AND CAROL A. LALLATHIN ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2012 Code Enforcement Board Regular Meeting.