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HomeMy WebLinkAbout2012 02 21 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 21, 2012 CALL TO ORDER The Regular Meeting of Tuesday, February 21, 2012 of the Code Enforcement Board was called to Order by Vice Chairperson Hugh Fisher at 7:01 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Laura-Leigh Wood, absent [Excused] Vice Chairperson Hugh Fisher, present Board Member Laurie Bates Calhoun, present Board Member Carole Giltz, present Board Member Marvin Kelly, present Board Member Gregg Roero, present Board Member Jim Wentz, present Assistant City Attorney Kate Latorre, present Assistant to the City Clerk Carol A. Lallathin, present Vice Chairperson Fisher stated, "Chairman Laura-Leigh Wood is absent tonight but she did call in advance—her absence is Excused." 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, "There are none." 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. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 21,2012 PAGE 2 OF 7 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The January 17, 2012 Code Enforcement Board Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER WENTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: VICE CHAIRPERSON FISHER: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WENTZ: 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. REPORTS 402. Office Of The City Clerk There was no Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 21,2012 PAGE 3 OF 7 REPORTS 403. Code Enforcement Chairperson No Report. REPORTS 404. Code Enforcement Vice Chairperson Referencing the Code Enforcement Board's presentation before the City Commission at their January 23, 2012 Regular Meeting, Vice Chairperson Fisher remarked, "We were very well received. We were commended for the work that we do and it was very nice. Laura-Leigh Wood our Chairperson, did a presentation on our activities for the last year and it was very well accepted." 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-FEBRUARY 21,2012 PAGE 4 OF 7 PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 502.1 Code Enforcement Division—Police Department CASE #11-0027365 Joan Dye 644 Silver Creek Drive Winter Springs, Florida 32708 IPMC 304.6 Exterior Wall Rotten Sec. 6-195. Fence Date Of Service: February 1, 2012 Corporal-Jim Flannigan Inspector 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", "WS-3" and"WS-4" for this Case to the Code Enforcement Board Members and began her Testimony by stating, "On November 17th, 2011, Jim (Corporal Flannigan) observed several Code Violations on the property. Some of the items were addressed and resolved. Items that were not addressed or resolved were the fence; there are slats and sections that are missing on the left side of the house. There have been no repairs to this. The exterior walls have wood rot." Inspector Flannigan commented, "On December 26th, (2011) the Violation was not corrected and Notice of Violation was mailed and given twenty (20) days to correct the Violation. It was returned `Undeliverable'. There has been no contact with the resident or the owner. Notice of the Code Board Violation was mailed on February 2nd, (2012) and has not been returned. Property was Posted on February 1St, (2012) with Notice of the Code (Enforcement) Board Hearing. Property was recently checked and no corrective action has been made." Continuing, Inspector Flannigan noted, "We are asking for Finding of Fact and Relief (Order)." Photographs related to this Case were shown to all present at this meeting. Inspector Flannigan stated, "Jim (Flannigan) is recommending that there is a Fine of a hundred dollars ($100.00) per day for each Violation if not corrected by March 1St, (2012)." Discussion. Vice Chairperson Fisher stated, "Let the Record reflect that the Respondent is not present." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 21,2012 PAGE 5 OF 7 "I MOVE TO FIND THAT THE RESPONDENT IS IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 1ST, (2012) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY ON THIS DATE, THE FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) A DAY FOR THE FIRST DAY, AND ONE HUNDRED DOLLARS ($100.00) A DAY THAT THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KELLY. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 502.2 Code Enforcement Division—Police Department CASE #11-0027384 Camille Ouckama 203 San Gabriel Court Winter Springs, Florida 32708 Sec. 6-46.No Permit Date Of Service: January 31,2012 Inspector- Christi Flannigan Inspector Flannigan began her Testimony and stated, "I would like to present into Evidence `WS-2', `WS-3' and WS-4'. `WS-2' is the Affidavit of Posting for the Property; `WS-3' is the Certified Mail Receipt for the Notice of Code (Enforcement) Board Hearing; `WS-4' is the Notice of Code Violation signed for by Camille (Ouckama)." On December 9th, 2011, I observed a wooden deck that was built into the gated area of the fenced in yard of the house. Notice of Violation was mailed on December 13th, (2011) made out to the wrong owners but mailed to the correct address for the owner. The owner signed for this Notice on January 12th, (2012). The second Notice of Violation was mailed on December 27th, (2011), signed for by Camille Ouckama. On December 28th, 2011 I did speak with the owner who advised that the Permit will be pulled by that Friday; it was not done. A second Notice of Violation was mailed. January 30th, 2012, I received a call from a male Contractor who is also here, that advised that he was pulling a Permit to correct that Violation; that the work was done. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 21,2012 PAGE 6 OF 7 As of January 31St, (2012), Permitting (Division) confirmed that there was not a Permit issued to the Property. I checked since then and on February 16th, (2012) Permitting advised that a Permit was applied for and the plans are being reviewed. They are currently in the Building Inspector's Office. We are waiting for his approval or denial. After speaking with Captain (Chris) Deisler and based on the fact that she has already previously told us that she was pulling a Permit, and that she had not done so, he (Captain Deisler) wanted to have the Case presented for a Finding of Fact and for a Relief Order." At this time, photographs associated with this Case were shown to those present at this meeting. Next, Inspector Flannigan remarked, "In regards to this Case, I am recommending that the owner be found in Violation of Chapter 6 for `No Permit' prior to constructing the deck and is given until March 15th, (2012) to obtain a Permit which we are in the process of working on." Continuing, Inspector Flannigan added, "If this Case is in Non-Compliance, I am recommending that the owner be Fined a hundred and fifty dollars ($150.00) a day." Discussion. Vice Chairperson Fisher noted, "At this time, I would like to give the Respondent a chance to present Testimony. Is the Respondent present? Let the Record reflect that the Respondent is not present." "I MOVE TO FIND THE RESPONDENT CAMILLE OUCKAMA IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL MARCH 15TH, (2012) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED FIFTY DOLLARS ($150.00) FOR THE FIRST DAY AND ONE HUNDRED FIFTY DOLLARS ($150.00) FOR EACH DAY THAT THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WENTZ: AYE VICE CHAIRPERSON FISHER: AYE BOARD MEMBER KELLY: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—FEBRUARY 21,2012 PAGE 7 OF 7 PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS—NON-COMPLIANCE CASES 503.1 Not Used REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT No one addressed the Board at this time. ADJOURNMENT Vice Chairperson Fisher adjourned the Regular Meeting at 7:20 p.m. RESPECTFULLY SUBMITTED: " IV/6\ () 1 ; CA$.0k A: LAL,LAT ASSISTANT TO THE 1ITY CLERK NOTE: These Minutes were approved at the April 17,2012 Code Enforcement Board Regular Meeting.