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HomeMy WebLinkAbout2014 10 28 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 28, 2014 CALL TO ORDER The Regular Meeting of Tuesday, October 28, 2014 of the Code Enforcement Board was called to Order by Chairperson Hugh Fisher at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Hugh Fisher, present Vice-Chairperson Gregg Roero, present Board Member Laurie Bates Calhoun, present Board Member Matthew Criswell, present Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Bill Poe, present Senior City Attorney Kim Kopp, present Assistant to the City Clerk Sean Beaudet, present A moment of silence was followed by the Pledge of Allegiance. Captain Chris Deisler, Code Enforcement Division, Police Department asked the Code Enforcement Board if PUBLIC HEARINGS — NON-COMPLIANCE CASE "600" could be moved to the beginning of the Hearings, as the resident was in attendance. No objections were noted. Assistant to the City Clerk Sean Beaudet swore in those who would be providing Testimony during tonight's Meeting. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 2 OF 15 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The September 23, 2014 Code Enforcement Board Regular Meeting Minutes. "MOTION TO APPROVE THE MINUTES AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER CRISWELL. DISCUSSION. VOTE: CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA — NON- COMPLIANCE CASES "600" WAS HEARD NEXT, AS MENTIONED AT THE BEGINNING OF THE MEETING, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA-NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE # 2014CE002002 Ronald Lesage And Corey Folan 31 North Cortez Avenue Winter Springs, Florida 32708 Sec. 13-2. Junk And Debris Date Of Service: October 3, 2014 Inspector: Jim Flannigan Corporal Jim Flannigan, Code Enforcement Division, Police Department presented the Case. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 3 OF 15 Submitted into Evidence was "`WS-1', which is the CD (Compact Disc) of tonight's presentations; `WS-2' is the Order of the (Code Enforcement) Board; `WS-3' is the NCV (Notice of Code Violation); `WS-4' is the NCV (Notice of Code Violation) Return Receipt; `WS-5' is the Code Board Return Receipt; and `WS-6' is the Affidavit of Posting at the property and City Hall." Continuing, Corporal Flannigan testified, "On March 26th, 2013 the Code Board issued a Finding of Fact for this property, which is the same owner in regards to the junk and debris (Violation). The Finding of Fact was signed for by G. Coutant on April 24th, 2013. On July 26th, 2014 I observed debris being stored in the front and side of the house and other Violations - that were corrected. There were Notice of Code Violations mailed on August 10th, 2014. This Notice was signed for by Tyler Lesage on August 13th, 2014. Notice of Code Board was mailed on October 3rd, 2014. This Notice was signed for by R. Lesage on October 27th, 2014. The Notice was also Posted at the property and at City Hall on October 4th, 2014." Photographs were shown from"WS-1", with further comments. Corporal Flannigan added, "On October 20th, I had been in contact with the owner. He is also here this evening. On October 22nd, this property did come into Compliance. He has cleaned up all the junk and debris." Staff recommendation was, "The owner be found in Repeat Violation for junk and debris on the property and a Fine of a hundred dollars a day be imposed." Board Member Carole Giltz noted, "You are saying that it came into Compliance?" Corporal Flannigan replied, "On October 22nd, when I checked the property, the property came into Compliance on that date. So, that is when the Fines would stop." Board Member Matthew Criswell in turn inquired, "From October 3rd (2014) to October 22nd?" Corporal Flannigan clarified the Fines, "Would be from July until October." Brief comments ensued on a recreational vehicle; and Code Enforcement Board Members inquired about the total amount of the Fine. In determining the amount owed by the respondent for the Violation, Corporal Flannigan confirmed the start date of the Fine would be August 13th, 2014 and end on October 22nd, 2014 at a hundred dollars ($100.00) per day. Corporal Flannigan mentioned that Staff simply makes a recommendation and the final decision is made by the Code Enforcement Board. Mr. Robert Lesage, 31 North Cortez Avenue, Winter Springs, Florida: noted that he had corrected the Violations after the original Hearing. However, Mr. Lesage added that he brought materials home with him from his various jobs and he has been working to improve the appearance of his property. He also noted that the recreational vehicle was his father's who was visiting and that it was no longer on the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 4 OF 15 Mr. Lesage also mentioned that he was recently in a car accident and going through physical therapy, which had caused hardships. Discussion. Board Member Matthew Criswell believed the Fine for the Repeat Violation could be excessive. Chairperson Hugh Fisher added that the Code Enforcement Board had the discretion to reduce the penalty amount or any other option regarding the fine, but did not believe the penalty should be waived. Further, Board Member Criswell asked, "How much has the City incurred in hard costs on this Non-Compliance Case?" Captain Deisler replied, "Generically speaking, it is part of our duty. We are going to go out and do what we have to do. But, if you want to put a fine on it—two hundred dollars ($200.00) maybe?" Discussion ensued on the original Order of the Code Enforcement Board, which imposed a Fine of one hundred dollars ($100.00) per day, if the property was found in Non- Compliance. Board Member Maurice Kaprow noted he was sympathetic to the hardships Mr. Lesage had encountered recently, but believed that Mr. Lesage knew the property needed to remain in Compliance; that the City had already incurred costs involving the property; and requested that "If another occurrence of this (Violation), that the Fine goes up to two hundred and fifty dollars ($250.00) a day." In turn, Board Member Giltz said, "I could go along with that." "I WOULD MAKE A MOTION TO FIND THE PROPERTY IN COMPLIANCE AS OF TODAY. BUT, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) WOULD BE IMPOSED TODAY. AND SHOULD THE VIOLATION OCCUR AGAIN, THE FEE FROM A HUNDRED DOLLARS ($100.00) PER DAY WOULD GO UP TO TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY." MOTION BY BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 5 OF 15 PUBLIC HEARINGS AGENDA- CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA- REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 400. Not Used PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE # 2014CE001870 Marta Horvath 114 Murphy Road Winter Springs, Florida 32708 Sec. 13-2. (e) Stagnant Pool Date Of Service: October 3, 2014 Inspector: Jim Flannigan Before giving testimony on this Case, Corporal Flannigan submitted into Evidence, "`WS-1', which is the CD (Compact Disc) of tonight's presentations; `WS-2' is the Notice of Code Violations; `WS-3' is the Return Receipt of the Code Violations; `WS-4' is Return Envelope of the Code Violations; `WS-5' is the Affidavit of Posting of Code Board; `WS-6'is the United States Postal Service printout of Code Board Notice; `WS-7' is the Return Receipt for Code Board; `WS-8' is the First Class Mailing Envelope." Corporal Flannigan stated, "I received a complaint in regards to a stagnant pool at this location. I observed through the fence that the pool is stagnant and the house is vacant and has been for several months. The Seminole County Health Department was notified and they added chemicals, for the mosquito larvae in the pool. Notice of Violation was mailed on August 10th, 2014. The Notice was signed for by Cheryl Neumann on August 13th, 2014. The envelope was also returned with a notice `Return to Sender' and the address marked out. There has been no contact with the owner. The Notice of Code Board Hearing was Posted at the property and at City Hall on October 4th, 2014. The Hearing Notice was also mailed on October 3rd, 2014. The United States Postal Service website indicated that the Notice was not deliverable as addressed. The Return Receipt was returned unsigned and there was no envelope with it." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 6 OF 15 Photographs were shown from "WS-1", with further comments. Corporal Flannigan stated that Staffs recommendation was, "The owner be given until November 19th, 2014 and if found in Non-Compliance, a Fine of two hundred dollars ($200.00) be imposed." Chairperson Fisher inquired, "The pool area is secure?" Corporal Flannigan replied, "Yes. There is a fence surrounding the property." Note: The Respondent was not present. Brief discussion. "I MOVE TO FIND THE RESPONDENT, MARTHA HORVATH, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVERMBER 19TH, (2014) 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) A DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE MOTION CARRIED. Vice-Chairperson Gregg Roero asked, "In the event between now and November 19th something happens to the fence — where something breaks or it becomes a possible problem — what do we do next?" Corporal Flannigan replied, "If it becomes a safety issue, we will get immediate repairs done." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 7 OF 15 PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE # 2014CE002188 Alfred Lockyer and U.S. Bank 1458 Mt. Laurel Drive Winter Springs,Florida 32708 Sec. 9-374. Posting Of Numbers Sec. 13-2. (b) Trash And Debris Sec. 13-2. (c) Overgrown Yard Sec. 17-1. Obstructing Streets And Sidewalks IPMC 303.2 Enclosures. IPMC 304.2 Protective Treatment. IPMC 304.9 Overhang Extensions. Date Of Service: October 3,2014 Inspector: Terri Guerra Inspector Terri Guerra, Code Enforcement Division, Police Department presented the Case and submitted into Evidence, "`WS-1', which is the CD (Compact Disc) presentation; `WS-2', the Notice of Code Violations; `WS-3', Return Receipt Notice of Code Violation by the owner; `WS-4', Return Receipt for Notice of Code Violation by the bank; `WS-5', Return Receipt for Code Board; `WS-6', the Affidavit of Posting for Code Board." Next, Inspector Guerra testified, "I received a complaint in regards to the property having several Violations on August 8th, 2014. I observed there are no house numbers posted, there are tree trimmings in the yard, there are overgrown weeds and shrubs growing on the house and the yard, there is also a bush that is growing over the sidewalk. I then observed from the neighbor's yard, holes in the screen enclosure. The side of the chimney has paint worn off and showing concrete or stucco underneath. There is a large hole in the overhang extension that will allow rodents to enter the property. Notice of Code Violation was mailed to Alfred Lockyer and U.S. Bank on August 13th, 2014. The Notice was signed by the previous owner and Jackie LaFarce of U.S. Bank on August 21St, 2014. Transition of ownership from Alfred Lockyer to U.S. Bank occurred during the notification process. There has been no contact from either party. Notice of Hearing was mailed on October 3rd, 2014 and the Notice was signed for by Charles Goodson, representative from U.S. Bank. The Notice was Posted at the property and City Hall on October 4th, 2014." Photographs were shown from "WS-1", with further comments. Closing her testimony, Inspector Guerra stated, "I recommend the owners be given until November 281h, 2014 to make the corrections. If found in Non-Compliance, a fine of two hundred dollars ($200.00) a day be imposed." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 8 OF 15 Discussion ensued on whom owns the property at this time. Board Member Kaprow asked if the Code Enforcement Board could subpoena U.S. Bank to have a Representative appear to testify. Senior City Attorney Kim Kopp replied that the Code Enforcement Board could indeed subpoena U.S. Bank. Further discussion ensued on a timeframe to subpoena U.S. Bank, the date of the November Code Enforcement Board Meeting, the necessity of having a representative from the bank come to testify, and previous experiences in dealing with the banks at the meetings. 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 NOVERMBER 28TH, 2014 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 EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE-CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 9 OF 15 PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE #2014CE002190 Eleanor Kasper 1507 Woodsglen Drive Winter Springs, Florida 32708 IPMC 304.9 Overhang Extensions. Date Of Service: October 3, 2014 Inspector: Terri Guerra Before giving testimony for this Case, Inspector Guerra submitted into Evidence, "'WS- 1', which is the CD (Compact Disc) presentation; `WS-2', the Notice of Code Violation; `WS-3', Returned Envelope for Notice of Code Violation; `WS-4', Affidavit of Posting Notice of Code Violation; `WS-5', USPS (United States Postal Service)printout for Code Board; `WS-6', Affidavit of Posting for the Code Board; `WS-7', Code Board Envelope Returned; `WS-8', Code Board First Class Envelope." Continuing, Inspector Guerra stated, "I received a complaint in regards to the property having holes in the soffits and objects, such as towels, shoved in them. I observed there are several holes in the wire mesh area of the overhangs. There was also a towel or a sock shoved in some of the holes. Notice of Code Violation was mailed on August 14th, 2014. The Notice was returned Unclaimed. The Notice was Posted on the property on September 8th, 2014. There has been no contact. Notice of Hearing was mailed on October 3rd, 2014. The Notice was returned unopened on October 14th, 2014. This Notice was Posted at the property and City Hall on October 4th, 2014." Photographs were shown from"WS-1", with further comments. Inspector Guerra stated that Staff's recommendation was, "The owners be given until November 28th, 2014 to make the corrections. If found in Non-Compliance, a Fine of fifty dollars ($50.00) a day to be imposed." Board Member Laurie Bates Calhoun asked if the property was occupied. Inspector Guerra replied that the house did not appear to be occupied. Discussion. Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—OCTOBER 28,2014 PAGE 10 OF 15 "I MOVE TO FIND THE RESPONDENT, ELEANOR KASPER, IN VIOLATION OF CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVERMBER 28TH (2014) TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT, ELEANOR KASPER, FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. Tape 1/Side B VOTE: BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE MOTION CARRIED. PUBLIC HEARINGS—NEW CASES 503. Code Enforcement Division—Police Department CASE # 2014CE002222 William And Sandra Campbell 108 St.Johns Landing Drive Winter Springs, Florida 32708 Sec. 13-2. (c) Overgrown Yard Sec. 13-2. (c) Unsafe/Unsanitary Sec. 13-2. (e) Stagnant Pool Sec. 17-1. Obstructing Streets And Sidewalks IPMC 302.7 Accessory Structures. IPMC 303. 2 Enclosures. IPMC 304.2 Protective Treatment. IPMC 304.7 Roofs and Drainage. IPMC 308.1 Infestation. Date Of Service: October 3, 2014 Inspector: Terri Guerra This Case began with Inspector Guerra submitting into Evidence, "`WS-1', the CD (Compact Disc) of the presentation; `WS-2',Notice of Code Violation; `WS-3',Notice of Code Violation Return Receipt; `WS-4', Return Receipt of Code Board; `WS-5, Affidavit of Posting for Code Board." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 11 OF 15 Chairperson Fisher asked if the format of the Notice of Code Violation forms had changed as he believed it was much more clear and concise. Inspector Christi Flannigan, Code Enforcement Division, Police Department replied that Staff had reformatted multiple forms. Captain Deisler added that even more improvements were expected with a new computer software program. Beginning her testimony Inspector Guerra stated, "I received a complaint in regards to the property having maintenance issues, such as vegetation overgrowth, wasp's nests, and other signs of being vacant for over a year. I requested Corporal Jim Flannigan to check the property for security. While checking the property, we observed several Violations. I observed the required clearance for a tree over the sidewalk is not being maintained. The shrubs and landscape bushes are overgrown, blocking the front door and windows. The overgrowth continues around the property. There is an accessory building that has holes in the exterior walls. The pool enclosure has large holes in the lower sections and it appears that something has been accessing it into the stagnant pool. There is also an infestation of wasps and mud daubers around the residence. The Notice of Code Violation was mailed on August 8th, 2014. This Notice was signed by Sandy Campbell on August 25th, 2014. There has been no contact with the owners. The Seminole County Health Department was notified of the stagnant pool. Notice of Hearing was mailed on October 3rd, 2014. This Notice was signed for by Sandy Campbell on October 7th, 2014. The Notice was Posted at City Hall and the property on October 4th, 2014." Photographs were shown from "WS-1", with further comments. Closing her testimony, Inspector Guerra stated, "I recommend the property be deemed as a serious threat — the infestation of wasps, the only pool enclosure being torn, and apparent animal accessing the stagnant pool water. I recommend the owners be given until November 21st, 2014 to make the corrections. If found in Non-Compliance, the Order indicates that the City can remedy the infestation, the stagnant pool, and the pool enclosure with the costs recorded as a lien. The other Violations be fined a hundred dollars ($100.00) a day." Chairperson Fisher asked if the property had a fence surrounding it and if the pool was unsecure. Inspector Guerra confirmed the property did not have a fence and the pool was unsecure. Board Member Kaprow inquired as to why so much time was being given to the owners to correct the issues if they were serious in nature. Discussion ensued on allowing more time for the owners to correct the Violations and that the owners appeared to be living at the home. Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 12 OF 15 "I WOULD MOTION TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 14TH, 2014 TO CORRECT THE VIOLATION. IN THE EVENT THE 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. FURTHERMORE, THE VIOLATION CONSTITUTES A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE. IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION 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 BOARD MEMBER CRISWELL. SECONDED BY BOARD MEMBER KAPROW. SENIOR CITY ATTORNEY KOPP ADDED, "COULD YOU JUST CLARIFY WHICH VIOLATIONS ARE THE SERIOUS THREAT? THAT WAY THE CITY KNOWS WHICH..." BOARD MEMBER CRISWELL ADDED, "...YES. IT WOULD BE SECTION 13.2 STAGNANT POOL, IPMC 303.2 ENCLOSURES., AND IPMC 308.1 INFESTATION." NO OBJECTIONS WERE STATED. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 13 OF 15 PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE #2014CE001613 Jorge Stewart 216 Albert Street Winter Springs, Florida 32708 Sec. 20-438. Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Date Of Service: October 3, 2014 Inspector: Jim Flannigan Corporal Flannigan presented this Case and submitted into Evidence, "`WS-1', the CD (Compact Disc) of the presentation; `WS-2', is the Notice of Code Violation; `WS-3', is the envelope of Notice of Code Violation; `WS-4', is the Affidavit of Posting of Notice of Code Violation; `WS-5', is the Affidavit of Posting of the Code Board Notices; and `WS-6' is the United States Postal Service Code Board Notice mailing." Next, Corporal Flannigan testified, "I observed a red Hyundai backed into a Non- Designated Parking Area on the front left side of the house. The owner of the property received several previous warnings in regards to this parking area. The Notice of Code Violation was mailed on June 23rd, 2014. This Notice was returned Unclaimed. The Notice was Posted at the property on September 19th, 2014. There has been no contact with the owner or anybody representing that property. The Notice of Code Board was mailed on October 3rd, 2014. According to the United States Postal Service, it was left on October 10th, 2014. The Notice of Hearing was Posted on the property and City Hall on October 4th, 2014." Photographs were shown from"WS-1", with further comments. In addition, Corporal Flannigan noted that parking is allowed on the street in this particular neighborhood and recommended that "The owner be given until November l4th, 2014 to make the corrections. If found in Non-Compliance, a Fine of a hundred dollars ($100.00) a day be imposed." Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-OCTOBER 28,2014 PAGE 14 OF 15 "I MOVE TO FIND THE RESPONDENT, JORGE STEWART, IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVERMBER 14TH, 2014 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) A DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE CHAIRPERSON FISHER: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER CALHOUN: AYE BOARD MEMBER CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used In other Board business, the Code Enforcement Board discussed the November and December meeting schedule. Captain Deisler also mentioned that a previous Case involving an overflowing pool had been remedied and there have been no more complaints regarding the property. ADJOURNMENT Chairperson Fisher adjourned the Regular Meeting at 6:36 p.m. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—OCTOBER 28,2014 PAGE 15 OF 15 RESPECTFULLY SUBMITTED: SEA ,AUDET ASS STANT TO THE CITY CLERK NOTE: These Minutes were approved at the January 27,2015 Code Enforcement Board Regular Meeting.