HomeMy WebLinkAbout2016 04 26 Public Hearing 400 - Repeat Case - Additional Evidence
Date: April 27, 2016
The attached document submitted into evidence
by Code Officer Terri Guerra related to Agenda
Item Public Hearing “400”, Repeat Case, 712
Highgate Drive.
CITY OF WINTER SPRINGS,FLORIDA
OFFICIAL MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING-FEBRUARY 23,2016
PAGE 1 I OF 20
However, the Board of course is the Finder of Fact here and you need to, based upon the
Testimony and Evidence presented, rather than any kind of speculation as to the future or
preventative measure, it's either per your finding in Violation or not now and then give a
Compliance date if it's not." Captain Deisler confirmed, "Then I'll move forward with
(b) and(c)."
Note: The Respondent was not present.
"I WOULD MAKE A MOTION THEN TO MOVE TO FIND THE
RESPONDENTS IN VIOLATION OF THE CITY CODE 13-2. (b) AND (c) OF
THE CITY CODE AND ORDER THAT THE RESPONDENTS BE GIVEN UNTIL
MARCH 23' TO CORRECT THE VIOLATION. IN THE EVENT THE
RESPONDENTS FAIL 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."
MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD
MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
BOARD MEMBER ROBINSON: AYE
BOARD MEMBER KAPROW: AYE
CHAIRPERSON ROERO: AYE
BOARD MEMBER POE: AYE
VICE-CHAIRPERSON CRISWELL: AYE
MOTION CARRIED.
PUBLIC HEARINGS-NEW CASES
502. Code Enforcement Division—Police Department
CASE#2016CE000134
Savannah B. Day
712 Highgate Drive
Winter Springs, Florida 32708
City Code 13-2 (c)Overgrown Grass
Inspector: Captain Chris Deisler
Before giving testimony for this Case, Captain Deisler submitted into Evidence, `WS-1',
which is this PowerPoint, 'WS-2' is the Affidavit of the Notice of Code Violation
Posting, 'WS-3' is the Notice of Code Board, 'WS-4' is the Affidavit of proof of delivery
for the Code Board Notice."
CITY OF WINTER SPRINGS,FLORIDA
OFFICIAL MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING-FEBRUARY 23,2016
PAGE 12 OF 20
Captain Deisler testified, "On January 19th of this year the grass at this location was
reported as overgrown by an anonymous complaint. Upon inspection the grass found to
be in excess of ten inches (10") in many spots including next to the trees where the weeds
had grown close to sixteen inches(16").
The Notice of Code Violation was hand Posted at the property with a correction date of
January 21 % 2016. This property was inspected again on January 21st, 2016 and it failed.
Henceforth, the Notice of Code Board Hearing was Posted and prepared and sent
Certified Mail, January 26th of this year. The Notice was received for signed by the
Respondent on this day January 30th, 2016.
I have not heard from her nor do I see her here. The grass was cut shortly after the Notice
went out, however, based upon the fact that she did not comply by the time specified, I'm
repining a Finding of Fact only and no Fine imposed and I'll address subsequent Cases
accordingly."
Brief discussion followed on time frames of corrective action dates.
Note: The Respondent was not present.
"I MOVE TO FIND THE RESPONDENT VIOLATED THE CITY CODE AND
FAILED TO CORRECT THE VIOLATION BY THE TIME SPECIFIED FOR
THE CORRECTION BY THE CODE INSPECTOR, THAT THE VIOLATION IS
CURRENTLY CORRECTED, AND THAT NO FINE BE IMPOSED. ANY
SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISION BY THE
RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER
SHALL BE CONDSIDERED A REPEAT VIOLATION FOR WHICH A FINE OF
UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED."
MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE-
CHAIRPERSON CRISWELL.DISCUSSION.