Loading...
HomeMy WebLinkAbout2016 09 27 Consent 200 Unapproved Minutes from the August 23, 2016 Code Enforcement Meeting CODE ENFORCEMENT BOARD AGENDA ITEM Informational ITEM 200 Consent X Public Hearings Regular September 27, 2016 Regular Meeting REQUEST: The Office Of The City Clerk Requests That The Code Enforcement Board Review And Approve The Tuesday August 23, 2016 Code Enforcement Board Regular Meeting Minutes. ATTACHMENT(S): A.Unapproved Copy Of The Tuesday, August 23, 2016 Code Enforcement Board Regular Meeting Minutes (13 pages) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 23, 2016 CALL TO ORDER The Regular Meeting of Tuesday, August 23, 2016 of the Code Enforcement Board was called to Order by Chairperson Gregg Roero at 5:32 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Gregg Roero, present Vice-Chairperson Matthew Criswell, present Board Member Carole Giltz,present Board Member Maurice Kaprow, present Board Member Bill Poe,present Board Member Dennis Robinson,present Board Member Suzanne Walker,present Senior City Attorney Jennifer Nix, present Assistant to the City Clerk Antonia Della Donna,present A moment of silence was held followed by the Pledge of Allegiance. As for Agenda Changes, Captain Chris Deisler, Code Enforcement Division, Police Department, advised the Code Enforcement Board that PUBLIC HEARINGS — NEW CASES "502" would not be heard due to the property coming into Compliance. Assistant to the City Clerk Antonia Della Donna 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-AUGUST 23,2016 PAGE 2 OF 10 CONSENT AGENDA CONSENT 200. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The Tuesday, July 26, 2016 Code Enforcement Board Regular Meeting W Minutes. "I WOULD MAKE A MOTION TO ACCEPT THE MINUTES AS WRITTEN." MOTION BY VICE-CHAIRPERSON CRISWELL. BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA- CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 400. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 23,2016 PAGE 3 OF 10 PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 500. Code Enforcement Division—Police Department CASE #2016CE001667 510 W SR 434 LLC 510 West State Road 434 Winter Springs, Florida 32708 City Code: 13-1.—General Prohibition. Inspector: Captain Chris Deisler Captain Deisler began his testimony and stated, "Property was originally observed on June 16th of this year in a state of disrepair. You may have noticed the same things we have; it looked as though the business had been closed for months and abandoned and left unattended. During the inspection, many if not all the machines used for the old car wash were in a state of disrepair, hoses broken or ripped off the accessories; wash bays were broken seemingly not functional. The overall condition of the building presented a nuisance to the community. Signs and lighting on the property were broken or tattered, wooden doors in the dumpster enclosure in a state of disrepair. The mailbox and post are barely standing upright. Many of the concrete islands where the vacuum equipment is mounted were broken and unsightly. We sent a Notice of Code Violation Certified to the owners; it was received on June 21s' of 2016. The Violations persisted and the Notice of Code Board Hearing was mailed and received on August 9th of this year. Since the receipt of the Code Violation letter, I've had frequent contact with a representative of the company who's managing this particular establishment. It was relayed to me that this car wash is one of several owned by this entity; I think there's seven (7) in the Central Florida area. This particular one was the subject of a sale that fell through. The owner basically had to come to grips whether or not he was going to retain it or try to sell it otherwise. He has apparently made a decision to rehab it and get it back in operational shape. You may have noticed driving by there that they've painted the building. They've started to rehab it; debris removal has begun. A section of the awning that was missing a piece has been fixed. They trimmed trees, removed dead trees as needed, and as I was mentioning, it is the intent of the owner to get the business operating again." Photographs were shown from "WS-1" with additional comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 23,2016 PAGE 4 OF 10 Captain Deisler concluded, "We recommend the owner be given until November 30`h of this year to come into Compliance, and if the property is found in Non-Compliance, a Fine of two hundred and fifty dollars ($250.00) be imposed." Chairperson Roero inquired about surveillance cameras on the property. Captain Deisler replied, "I'm not sure."Additional comments followed on the roof s awning. Referring to Captain Deisler, Senior Attorney Jennifer Nix inquired about the Affidavit of Posting of the Notice of Violation. Captain Deisler stated, "I've got where the mailings were, but if there's not a physical copy of it in there—if there's not, I'm going to have to do some research on it." Additional discussion followed on the Affidavit of Posting of the Notice of Violation as well as its necessity to the Board's decision making process. Chairperson Roero called a Recess at 5:44 p.m. The Regular Meeting reconvened at 5:48 p.m. Captain Deisler presented into evidence, "'WS-l' which is my presentation; 'WS-2', which is forthcoming, is the United States Postal Service delivery tracking on the Notice of Code Violation Notice." Senior Attorney Nix emphasized that actual Notice of Code Violation was required. Captain Deisler noted that the Notice of Code Violation was absent from the files. Note: The Respondent was not present. "I WOULD JUST MAKE A MOTION TO CONTINUE IT TO THE NEXT TIME SINCE WE WERE ALREADY ADVISED TO GIVE HIM NOVEMBER 30TH, AS IT WAS; SO, IF WE FOUND HIM IN VIOLATION TODAY, IT'S NOT GOING CHANGE WHAT WE WOULD DO NEXT MONTH." MOTION BY VICE- CHAIRPERSON CRISWELL. SENIOR ATTORNEY NIX COMMENTS ON THE BENEFITS OF HAVING COMPLETE ATTENDANCE OF THE CODE ENFORCEMENT BOARD IN A SITUATION WHERE A CASE WOULD BE CONTINUED. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA , MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 23,2016 PAGE 5 OF 10 VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. Brief discussion followed on procedural matters on presenting a Continued Case. PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE #2016CE001855 Miguel Cruhigger 206 Bitterwood Street Winter Springs, Florida 32708 City Code: 13-2.(a) Unsightly Matter City Code: 13-2.(b) Junk And Debris/Yard Trash City Code: 9-374.—Posting Of Numbers. Inspector: Captain Chris Deisler Captain Deisler testified, "On June 30th of this year, I noticed the house appeared to be vacant under some degree of renovation. However, there were no visible house numbers, dead tree branch trimmings all over the property, junk and debris — consistent with somebody redoing a house. Wooden pallets, landscaping pots, four by four (4x4) posts, cardboard, other debris on the site. At that time, the grass also exceeded the Code height —maximum of ten inches (10"). Also on June 30th, the NCV (Notice of Code Violation) — Code Violation was sent Certified and Posted on the property with a correction date of July 81h of this year. The Certified letter was Returned Unclaimed. The Violations persisted beyond the deadline. Based on that, a City contractor was summoned to cut the yard and did so. Some of the trash was being bundled and thrown in a large roll of dumpster on site. Yard construction debris was still on site. The Notice of Code Board Hearing was mailed to the owner of record August 4t11 of this year; it was also Posted on the property and here at City Hall on August 3rd. I've had no contact from the owner." Photographs were shown from"WS-1"with additional comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 23,2016 PAGE 6 OF 10 Captain Deisler continued, "As of this morning, I drove by there and the property is currently in full Compliance. But since these Violations did exist and being as though this a rental property — it's up for sale again, I would like a Finding of Fact in case this property should come back as a repeat." Vice-Chairperson Criswell asked, "You mentioned in there that the City did a clean up?" Captain Deisler responded, "We did a remediation on high grass." Vice-Chairperson Criswell then inquired about associated costs. Captain Deisler stated, "Yes, we've already handled that through those channels." Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT VIOLATED THE CITY CODE AND FAILED TO CORRECT THE VIOLATIONS BY THE TIME SPECIFIED FOR CORRECTION BY THE CODE INSPECTOR, THAT THE VIOLATION IS CURRENTLY CORRECTED, AND THAT THERE IS NO FINE TO BE IMPOSED. ANY SUBSEQUENT VIOLATION OF THE SAME CITY CODE PROVISIONS BY THE RESPONDENT WITHIN FIVE (5) YEARS FROM THE DATE OF THIS ORDER SHALL BE CONSIDERED A REPEAT VIOLATION FOR WHICH A FINE OF UP TO FIVE HUNDRED DOLLARS ($500.00) PER DAY MAY BE IMPOSED." MOTION BY VICE-CHAIRPERSON CRISWELL. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER POE: AYE BOARD MEMBER WALKER: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 23,2016 PAGE 7 OF 10 PUBLIC HEARINGS-NEW CASES 502. Code Enforcement Division—Police Department CASE #2016CE000765 Richard F. Ostrow 1416 Borg Lane Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. IPMC 304.7 Roofs And Drainage. IPMC 304.14 Insect Screens. City Code: 13-2.(e) Stagnant Pool Inspector: Code Officer Terri Guerra This Case was not heard as noted during Agenda Changes at the beginning of the Meeting. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES PUBLIC HEARINGS-NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE #2016CE000876 Racetrac Petroleum Inc. 3271 North US Highway 17-92 Winter Springs, Florida 32708 IPMC 108.1.1 Unsafe Structures. IPMC 302.3 Sidewalk And Driveways. IPMC 304.2 Protective Treatment. IPMC 304.8 Decorative Features. IPMC 304.9 Overhand Extensions. IPMC 304.15 Doors. IPMC 304.18 Building Security. City Code: 13-1. —General Prohibition. City Code: 13-2.(b) Junk And Debris City Code: 13-2.(c) Unsanitary/Overgrown Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Police Department, Code Enforcement Division submitted into Evidence and stated, "'WS-l' will be the presentation, 'WS-2' will be the Return Receipt." Code Officer Guerra testified, "The property was brought to the Board on June 28th, 2016 for multiple Violations. During the meeting, the Board found the property in Violation and gave the Respondent until July 19th, 2016 to comply. The property stands in full Non-Compliance; the Board's Order calls for a two hundred and fifty dollar ($250.00) a day Fine for Non-Compliance. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 23,2016 PAGE 8 OF 10 On July 12th, 2016, I received a call from Brian Gibson, a representative from Racetrac. He advised they would eventually be building a new store, but it'll take some time. I attempted to call Mr. Gibson back, I received a voicemail. I left a message advising him the best action of recourse is at this time would be to demolish the whole building and keep the landscape up until they are able to start rebuilding; I have not heard back from Mr. Gibson at all. August 9th, 2016, I Posted the property and City Hall with a Non-Compliance Notice and sent a Certified letter to owner. On August 12th, 2016, the front desk or reception area signed for the Notice." Photographs were shown from "WS-1" with further comments. Code Officer Guerra stated, "I recommend the Board impose a Lien on the property as outlined in the Order from the original Hearing." Brief discussion followed and it was noted the previous Public Hearing was held on June 28, 2016. Vice-Chairperson Criswell noted a piece of grading equipment in a photograph. Code Officer Guerra suggested that the equipment may be related to road construction and not the property. Much discussion followed on the property's history. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S PREVIOUS ORDER, JUNE 28Tx, 2016, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. VICE-CHAIRPERSON CRISWELL INQUIRED ABOUT THE RESULT OF POSSIBLY FINDING THE PROPERTY IN NON-COMPLIANCE IF IT HAD ALREADY BEEN FOUND IN NON-COMPLIANCE PREVIOUSLY. COMMENTS FOLLOWED ON THE OWNERSHIP OF THE PROPERTY AS WELL AS MUCH DISCUSSION OF THE PROPERTY'S HISTORY AND ITS PRESENCE AT CITY COMMISSION MEETINGS. BOARD MEMBER GILTZ COMMENTED ON THE IRRELEVANCE OF THE PROPERTY'S HISTORY IN RELATION TO ITS STATUS OF COMPLIANCE. SENIOR ATTORNEY NIX ALSO ENCOURAGED THE BOARD MEMBERS TO FOCUS ON THE PROPERTY'S STATUS OF COMPLIANCE AND THE ISSUES PRESENTED TONIGHT. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 23,2016 PAGE 9 OF 10 VICE-CHAIRPERSON CRISWELL SUGGESTED THAT CAPTAIN DEISLER RESEARCH THE PROPERTY FURTHER. DISCUSSION FOLLOWED ON REPEAT VIOLATIONS, CASES, FINES, AND FINE ACCRURAL. VOTE: BOARD MEMBER POE: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS-NON-COMPLIANCE CASES 601. Code Enforcement Division—Police Department CASE#2016CE001296 Michael D. Pitts And Angela N. Jordan 707 Sunbury Court Winter Springs, Florida 32708 IPMC 304.14 Insect Screens City Code: 13.2.(b) Junk And Debris City Code: 13.2.(c) Unsanitary/Overgrown City Code: 13-2.(e) Stagnant Pool Inspector: Code Officer Terri Guerra For this Case, Code Officer Guerra submitted into Evidence, "'WS-l' will be the presentation and 'WS-2' the — USPS (United States Postal Service) website — advising about the Notice left." Code Officer Guerra testified, "This property was brought to the Board on June 28"', 2016. During the meeting, the Board found the property in Violation and gave the Respondent until July 19th, 2016 to comply; the property stands in Non- Compliance. The Board's Order calls for a hundred and fifty dollars ($150.00) a day Fine for Non-Compliance. I have had no contact with the owner at this time. August 9th, 2016, 1 Posted the property and City Hall with the Notice of Non-Compliance Hearing. The Notice was also sent Certified to the owner of the property. On June 16ffi, 2016, the United States Postal Service website indicates Notice left with no authorized recipient. And Public Works has been treating the pool at this time." Photographs were shown from"WS-l" with additional comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—AUGUST 23,2016 PAGE 10 OF 10 Code Officer Guerra concluded, "I am recommending the Board impose a Lien on the property as outlined in the Order from the original Hearing." Vice-Chairperson Criswell wondered how often Public Works was treating the pool. Code Officer Guerra indicated the pool had been treated within the last ninety (90) days and will be treated again in the near future. Brief comments followed on the fence. Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON-COMPLIANCE AND THE PENALTIES SET FORTH IN THIS BOARD'S — PREVIOUS ORDER, DATED JUNE 28TH, 2016, SHALL BE IMPOSED CONSISTENTLY WITH THAT ORDER." MOTION BY BOARD MEMBER KAPROW. SECONDED BY VICE- CHAIRPERSON CRISWELL. DISCUSSION. VOTE: VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used Brief discussion followed on recent developments throughout the City. ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 6:13 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the 2016 Code Enforcement Board Regular Meeting.