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 ($150.00) FOR EACH DAY THAT
THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED."
MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER
ROERO. DISCUSSION.
VOTE:
BOARD MEMBER WENTZ: AYE
VICE CHAIRPERSON FISHER: AYE
BOARD MEMBER KELLY: AYE
BOARD MEMBER CALHOUN: AYE
BOARD MEMBER ROERO: AYE
BOARD MEMBER GILTZ: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING—FEBRUARY 21,2012
PAGE 7 OF 7
PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES
PUBLIC HEARINGS—NON-COMPLIANCE CASES
503.1 Not Used
REGULAR AGENDA
REGULAR
600. Not Used
PUBLIC INPUT
No one addressed the Board at this time.
ADJOURNMENT
Vice Chairperson Fisher adjourned the Regular Meeting at 7:20 p.m.
RESPECTFULLY SUBMITTED:
" IV/6\ ()
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CA$.0k A: LAL,LAT
ASSISTANT TO THE 1ITY CLERK
NOTE: These Minutes were approved at the April 17,2012 Code Enforcement Board Regular Meeting.