Loading...
HomeMy WebLinkAbout2016 09 27 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 27, 2016 CALL TO ORDER The Regular Meeting of Tuesday, September 27, 2016 of the Code Enforcement Board was called to Order by Vice-Chairperson Matthew Criswell at 5:36 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 (arrived at 5:39 p.m.) 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, absent [Excused] Senior 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 CASE "504" would not be heard but may be brought back at a later date and that PUBLIC HEARINGS — NON COMPLIANCE CASE "600" would not be heard tonight due to the property coming into Compliance. Additionally, it was noted that PUBLIC HEARINGS — NEW CASE "503" would be heard directly after PUBLIC HEARINGS — CONTINUED CASE 11300", however, the rest of the Cases would be heard in order. Assistant to the City Clerk Antonia Della Donna swore in those who would be providing Testimony during tonight's Meeting. Chairperson Gregg Roero arrived at 5:39 pm. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 2 OF 19 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, August 23, 2016 Code Enforcement Board Regular Meeting Minutes. REGARDING THE TUESDAY, AUGUST 23, 2016 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES, "I RECOMMEND APPROVAL OF THE MINUTES, AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. 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 MOTION CARRIED. Vice-Chairperson Criswell noted that Ms. Suzanne Walker's absence was Excused. PUBLIC HEARINGS AGENDA- CONTINUED CASES PUBLIC HEARINGS-CONTINUED CASES 300. 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, "To briefly summarize, this Case was started in June — of this year. General state of disrepair, it looked like they had closed, they are now apparently doing some refurbishing work to it to try and get the business back in shape. There were a couple things that were noticed during my inspections. Machines were in a state of disrepair, hoses were broken, trash, bays were broken — not functioning; it just presented an overall nuisance to the way it looked. Signs and lighting were broken and tattered, the wooden door to the dumpster enclosure are in a state of disrepair—that's still actually that way now. The mailbox post is barely standing upright. Some of the concrete islands where the vacuum equipment is stored are broken. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 3 OF 19 The Notice of Code Violation was mailed Certified to the owners and received on June 21"of this year. The Violations persisted and then we Noticed it for Code Board Hearing August 9th of this year. Since the receipt of the Code Violation letter, I've had frequent contact with them, they've stopped really contacting me over the last three or four weeks. I've seen some vendors there kind of doing some work and then they stopped —they did do extensive work to rehab the place; it is presenting itself in a much better way." Additional comments. Photographs were shown from "WS-1"with further remarks. CaVain Deisler concluded, "I'm still recommending that they be given until November 301 they year to come into Compliance, and if they're not and subsequently found in Non- Compliance, a Fine of two hundred and fifty dollars ($250.00) a day be imposed." Brief comments. 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 NOVEMBER 30TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN AMOUNT TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA — NEW CASES "503" WAS HEARD NEXT, AS NOTED DURING AGENDA CHANGES. ❖❖ CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 4 OF 19 PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS-NEW CASES 503. Code Enforcement Division—Police Department CASE #2016CE002042 Janice S. Harvey 1120 Winter Springs Boulevard Winter Springs, Florida 32708 IPMC 108.1.3 Structure Unfit For Human Occupancy. IPMC 302.1 Sanitation. IPMC 302.4 Weeds. IPMC 304.2 Protective Treatment. IPMC 304.6 Exterior Walls. IPMC 304.7 Roofs And Drainage. IPMC 304.8 Decorative Features. IPMC 304.9 Overhang Extensions. IPMC 304.12 Handrails And Guards. IPMC 304.13 Window, Skylight And Door Frames. IPMC 305.1 General. (Interior of Structure) IPMC 305.3 Interior Surfaces. City Code: 13-2.(b) Junk And Debris Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Police Department, Code Enforcement Division introduced the Case and submitted into Evidence "WS-1", the presentation. Code Officer Guerra testified, "I was called to the property by Lieutenant Nick Romano (Winter Springs Police Department) regarding possible Code Violations. Once on scene, I noticed there was trash in the flower bed in front of the house, piled up tile on the front porch, and buckets filled near the front of the residence. There was a large amount of items in the front garage area; the soffit in the back of the house had wood missing. The back stairs leading down from the porch railing were broken and missing in several areas. There were also large containers with accumulated water in them. There was also a large amount of items under the porch piled up; there was black and green growth on the back walls of the house on the outside. Once the house was cleared to be entered by the Fire Department, Ms. Harvey allowed me to come inside. Ms. Harvey was in the process of doing some remodeling in the home and holes were in the drywall—which still needed to be fixed. Due to the amount of cats that were in the house, there's still some areas that had cat feces on the floor which were from going them in and out of the house. Ms. Harvey voluntarily gave up a large number of her cats. There was electrical wiring exposed from electrical work that had been done. Mr. (Jay) Abel (Building Inspector, Community Development Department) inspected the residence and advised there was no hazard. A lot of grates were missing from the vents. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 5 OF 19 August 23rd, 2016, NCV (Notice of Code Violation) was sent to Ms. Harvey. On August 30th, 2016 NCV (Notice of Code Violation) was signed for by Ms. Harvey. On September 13th, 2016, a Notice of Code Board was sent Certified and First Class to Ms. Harvey. The Notice was also left at the house and City Hall. The United States Postal Service website attempted to deliver with no authorized recipient on September 161h, 2016. I was back out at the residence on September 23rd, 2016. Several Violations have been corrected. The yard has been cleaned up, the windows have been fixed. Most of the items under the porch have been cleared out. The black and green growth has been removed from the outside of the house. The piles of tile and buckets have been removed. The feces have been cleaned up inside the house. Ms. Harvey lives alone with her grandson; she's been working on the house every day since then. She has been fully cooperative the whole time in trying to get the house back in order, by herself, with limited funds." Photographs were shown from "WS-1"with additional comments. Code Officer Guerra stated, "I recommend the Board find the Property in Violation, impose a Fine of fifty dollars ($50.00) a day if found in Non-Compliance, and the owner should be given until January 17th, 2017 to comply." Senior Attorney Jennifer Nix asked for clarification about the Violations not being pursued. Officer Guerra stated, "The structure unfit for humans, that it's been cleared out — the sanitation [IPMC] 302.1, [IPMC] 304.13 the windows and skylight." With additional comments, Officer Guerra added, "[IPMC] 302.4 that's been cleaned up." Ms. Janice Harvey 1120 Winter Springs Boulevard, Winter Springs, Florida: testified, "I really have tried hard to get it into Compliance but financially and because I'm the only person in my home, it makes it difficult. I'm doing all the work myself, so that's why I need a little more time and I should, by the way, I'm—most of the numbers, I have a big list for the porch, is happening tomorrow, probably about ten (10) of those things on that list, all got to do with the porch, is scheduled for tomorrow. The overhang, the soffit, the deck, the stairs, everything is scheduled for tomorrow — soon as I could get a builder to work on it. Inside the drywall is where I had updated wiring, I had an up-to-date box put in for electrical. I stripped down the vent covers because I'm painting." Additional comments. Chairperson Roero inquired if the Respondent had sought financial assistance for the repairs. Additional discussion followed regarding financial assistance programs and the recommended corrective action date. Much discussion followed with Vice-Chairperson Criswell encouraging Ms. Harvey to remain in communication with Code Enforcement. Note: The Respondent was present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 6 OF 19 "I WOULD MOVE TO FIND THAT THE RESPONDENT IN VIOLATION OF CITY CODE, ORDER THAT THE RESPODENT BE GIVEN UNTIL JANUARY 17TH OF 2017 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS TIME A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER POE. SECONDED BY CHAIRPERSON ROERO. DISCUSSION. SENIOR ATTORNEY NIX CONFIRMED, "HAVING MADE THE MOTION, THAT'S TO FIND IN VIOLATION OF IPMC SECTION 304.2 PROTECTIVE TREATMENT., IPMC 304.6 EXTERIOR WALLS., IPMC 304.7 ROOFS AND DRAINAGE., IPMC 304.8 DECORATIVE FEATURES., IPMC 304.9 OVERHANG EXTENSIONS., IPMC 304.12 HANDRAILS AND GUARDS., IPMC 305.1 GENERAL. (INTERIOR OF STRUCTURE), IPMC 305.3 INTERIOR SURFACES., AND 13-2, SECTION "B", OF THE CITY CODE, JUNK AND DEBRIS, CORRECT?" VICE-CHAIRPERSON CRISWELL NOTED, "YES, MA'AM, THAT IS WHAT I HAVE DOWN." NO OBJECTIONS NOTED. VOTE: VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA- REPEAT CASES PUBLIC HEARINGS-REPEAT CASES 400. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 27,2016 PAGE 7 OF 19 PUBLIC HEARINGS AGENDA- NEW CASES PUBLIC HEARINGS—NEW CASES 500. Code Enforcement Division—Police Department CASEN2016CE002196 BRI 1813 Villaggio, LLC 859 East State Road 434 Winter Springs,Florida 32708 Florida Building Code 105.1 Permit Required Florida Building Code 115.3 Unlawful Continuance Inspector: Mr. Jay Abel, Building Inspector On behalf of the Building Department, Captain Deisler introduced the Case as well as Mr. Jay Abel, Building Inspector, Community Development Department. Mr. Abel testified, "I was asked originally to observe the property on February 3`d, 2016 for a complaint of the structure being built and the electric without a permit. During my Inspection I noticed that the bollards, four (4) by four(4)posts, horizontal two (2) by four (4) posts, attached to the building along with knee bracing and electric, and this was all installed without a permit. Two (2)banner signs were also installed. Since my first contact with the business owner, they did not obtain a Permit. The Building Official and the business owner had some further conversations; it was agreed since the Permit was not obtained as of July 15th, 2016, the entire structure including the bollards and the electric needed to be removed. The Notice of Code Violation was delivered — Certified to the owner of the property on August 11th, 2016. The business owner said he would speak to the Building Official. The Building Official instructed the business owner to obtain a permit or remove the entire structure and electrical and gave the owner thirty (30) days to comply. Conversations between the Building Official and the business owner continued and the Building Official allowed an extension past thirty (30) days. As of August 22nd, 2016, the business still was not in Compliance and a Notice of Code Board Hearing was sent by Certified Mail on 8/24/2016, Posted on the property and at the Government Office as per Florida Statute [Chapter] 162. The Notice of Code Board Hearing was received and signed by the owner of the property and the business on August 30th, 2016." Photographs were shown from "WS-1"with additional comments. Mr. Abel concluded, "I recommend the owner be given until October 31 st, 2016 to come into Compliance. If the property is not found in Compliance, a Fine of two hundred and fifty dollars ($250.00) a day shall be imposed." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 8 OF 19 Mr. Jayesh Khatri, 859 East State Road 434, Winter Springs, Florida: stated, "I am the owner of the business, I just the rent the property." Continuing, Mr. Khatri testified, "What I did so far — you guys seen these photos — was mistaken or misunderstood or I thought if it was part of the patio I can build it. So, that's why I built it. As far as I come to know, there's a pole connected to building — I remove it, I remove it. So, what you guys see was mistaken—not the correction." Mr. Khatri showed several photographs with additional comments and remarked on the requirements outlined for the installation of exterior lights. Following additional comments, Mr. Khatri insisted he was not utilizing exterior lights that required Permits. Much discussion followed on exterior lights and the permitting process. Board Member Bill Poe asked, "Did you pull a Permit to do those things?" Mr. Khatri stated, "I don't know about the external light." Further, Mr. Khatri mentioned being told that he did not need a Permit if the pole was not connected to the building. Board Member Poe commented, "I am not certain that whoever gave you that advice is aware that the City requires you to obtain a Permit." Mr. Khatri replied, "That's why I remove it." Mr. Khatri showed additional photographs. Additional discussion on the permitting process followed. Mr. Khatri stated, "But the only thing I don't have — right now, I'll get in and get the Permit things done ready. I'll pay it." Mr. Joe Crum, Building Official, Community Development Department commented on the structures depicted in the photographs shown by Mr. Khatri. Continuing, Mr. Crum stated, "Then the structure was put up without a Permit, the lights were installed without a Permit, and I've had numerous conversations with this gentleman trying to work with him. I told him to remove the overhead two (2) by four (4) structures, get those down. I would allow him to leave the four (4) by fours (4) until he got his Engineer to look at them, so he wouldn't have to remove them if the Engineer said they were okay. And he did not do that." Continuing, Mr. Crum stated, "This has been going on and he continues to do stuff without Permits. As you can see the structure was put up, then the lighting was put, it was taken down after he was cited, waited a while, and then put it up again. He just continues to violate the requirements." Mr. Crum added, "Once the structure was up, it did require a Contractor— a licensed Contractor— to remove it as well as put it up. He's taken it down without a Permit again." Additional comments. Vice-Chairperson Criswell asked, "Then he is familiar with the Permit process then?" Mr. Crum stated, "Yes." Further discussion ensued on the permitting process, requirements, exterior lights, and difference between residential and commercial permitting standards. Board Member Maurice Kaprow stated, "The bottom line is whatever the Building Inspector — whatever the Building Department tells you, that's what you're going to need to do." Further comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 9 OF 19 Senior Attorney Nix commented on the Violations, Florida Building Code Section 105.1 Permit Required, and Section 115.3 Unlawful Continuance and inquired, "The first Notice hand-delivered February 23`d, 2016, and then where it also says, `Second Notice hand delivered July 15th, 2016,' were those courtesy Notices?" Mr. Crum replied, "Those are the — actual Notice of Violations to — work was done without a Permit and to obtain the Permits. So, they're actually Notices of Violation." Additional comments followed related to Florida Building Code requirements. Continuing, Senior Attorney Nix inquired if there was a stop work order issued related to the Violation of Florida Building Code Section 115.3 Unlawful Continuance. Mr. Abel stated, "The work was already completed, and so the Unlawful Continuance is when he didn't pull a Permit to erect it and then he didn't pull a Permit in order to take it down." Senior Attorney Nix read from the Florida Building Code, Section 115.3 Unlawful Continuance, and pointed out the reference of the issuance of a stop work order. Mr. Crum stated, "We used the Notice of Violation basically as the stop work order because the work had already been completed, there was nothing to stop." Discussion followed on documents submitted in the Record. Vice-Chairperson Criswell commented, "If we were to find this gentleman in Non- Compliance, what are we finding him in Non-Compliance for and what can he fix by the 31St?" Following similar comments from Senior Attorney Nix, Mr. Crum stated, "He is in Violation of, again, installing lights without a Permit. He needs to either obtain a Permit by a licensed Contractor to install the lights and get them properly inspected or have them removed by a licensed Contractor and have it inspected. Now that they're there, he has to make sure, because of life safety issues, especially electrical work, that if it's removed, it's done properly; if it's installed, it's done properly." Much discussion followed on external lights and concrete bollards, the permitting process, and existing Violations. Vice-Chairperson Criswell suggested, "I think the way I am understanding it is if this gentleman, Mr. J, obtains a Permit to take down the flood lights, reapplies for a Permit to put the flood lights up, and any structural done at the time, you guys could inspect what was taken our previously." Mr. Crum stated, "I think I understand what you're saying," and then noted that the flood lights did not need to be taken down but rather needed to be permitted by a licensed Contractor. Much discussion followed. Senior Attorney Nix confirmed that the Violation of Florida Building Code 115.3 Unlawful Continuance was withdrawn. Brief comments. Note: The Respondent was present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 10 OF 19 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE 105.1 AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 31sT, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY CHAIRPERSON ROERO. DISCUSSION. SENIOR ATTORNEY NIX NOTED, "I JUST WANT TO CLARIFY THAT YOU MEANT THE FLORIDA BUILDING CODE, 105.1, AS ADOPTED FOR THE CITY CODE." DISCUSSION ENSUED ON A REASONABLE ABOUT OF TIME NECESSARY TO CORRECT THE VIOLATIONS. MR. CRUM EMPHASIZED THAT THE VIOLATIONS WERE RELATED TO ELECTRICAL WORK. ADDITIONAL COMMENTS FOLLOWED. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 501. Code Enforcement Division—Police Department CASE #2016CE001641 Robert Lucero And April Rehfuss 140 North Third Street Winter Springs,Florida 32708 City Code: 13-2.(b) Junk And Debris IPMC 304.2 Protective Treatment. Inspector: Code Officer Terri Guerra This Case was presented by Code Officer Guerra who testified, "On June 15th, 2016, 1 received a complaint regarding debris all over the driveway; there was an old mattress and several other pieces of furniture piled in the driveway. The protective treatment was also peeling off of the front of residence. Waste Pro picked up the large furniture from the driveway; and protective treatment has not been corrected. NCV (Notice of Code Violation) was sent to owner on July 13, 2016. The NCV (Notice of Code Violation) was signed for on July 16, 2016. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE I1 OF 19 July 25th, 2016, the owner, Robert Lucero, called requesting an extension due to him trying to locate a company to paint. August 30'', 2016, I posted the property and City Hall for Code Board because I did not hear from again after that. And it had not been corrected. The Code Board notice was returned. To this date there has been no other contact from him." Photographs were shown from"WS-1"with additional comments. Code Officer Guerra concluded, "I am recommending the Board find the property in Violation and impose a Fine of fifty dollars ($50.00) a day if found in Non-Compliance. The owner should be given until October 18th, 2016 to comply." Brief comments followed with Chairperson Roero inquiring if the home was occupied. Code Officer Guerra replied, "I never see any cars there; I have not seen anyone there. He said that he travels a lot." Further discussion followed on the photographs shown in "WS-1"related to the protective treatment as well as waste pickup services. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL OCTOBER 18' TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT 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 CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: CHAIRPERSON ROERO: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 27,2016 PAGE 12 OF 19 PUBLIC HEARINGS—NEW CASES 502. Code Enforcement Division—Police Department CASE #2016CE001898 Khosrow And Carolyn Owji 101 Bombay Avenue Winter Springs,Florida 32708 City Code: 6-84.—Accessory Buildings. City Code: 6-212. —Application For Permit; Plans And Specifications. Inspector: Code Officer Terri Guerra After introducing this Case, Code Officer Guerra testified, "I noticed a large accessory structure in the backyard of the property; I also noticed an above ground pool that both were new to the location. I checked with Permitting and they had no record of the owner obtaining a permit. On July 6th, 2016, I sent NCV (Notice of Code Violation)to owner of property; the letter was returned on July 15th, 2016. On July 25th, 2016, I posted the Notice of Code Violation at the property. On August 24th, 2016, the pool was taken down; the accessory structure is still present. August 30, 2016, I sent Notice of Code Board, First Class and Certified to the owner of the property, and I also posted it at the property and City Hall. On September 2nd, 2016, the Notice of Code Board was signed for by Sylvia Gelindez. There originally was no contact, but the renter actually came and met with me today. She was confused about what she needed to get. I told her she needed had to get—well, the owner of the property had to get a Permit for the — accessory structure. The pool is already gone, so it didn't matter. She said that she would continue to go forward with that and meet with the owner to get that." Photographs were shown from"WS-1"with additional comments. Concluding, Code Officer Guerra stated, "I recommend the Board find the property in Violation and impose a Fine of fifty dollars ($50.00) a day if found in Non-Compliance. I suggest the owner be given until October 18th, 2016 to comply." Chairperson Roero inquired if all parts related to the pool were removed including the pump. Code Officer Guerra indicated, "Everything was taken down." Additional comments followed. With brief discussion, Senior Attorney Nix clarified, "I just wanted to note that for the Board, that it's just Section 6-84.(d)." Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 13 OF 19 "I MOVE TO FIND THE RESPONDENT — IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL OCTOBER 18TH, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT FIFTY DOLLARS ($50.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY CHAIRPERSON ROERO. SENIOR ATTORNEY NIX ASKED IF THIS WAS JUST IN REFERENCE TO SECTION 6-84.(d) OF THE CITY CODE. CHAIRPERSON ROERO NOTED, "I DID NOT SAY IT, 6-84. (d) — BECAUSE WE CANCELLED THE OTHER ONE OUT." SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 504. Code Enforcement Division—Police Department CASE #2016CE001872 Grace E. Smith Heirs 140 North Devon Avenue Winter Springs, Florida 32708 City Code: 13-2.(b) Junk And Debris City Code: 19-3.—Solid Waste Collection And Disposal Authority; Establishment Of Civil Citation Penalty For Violations. City Code: 20-432. —Commercial Vehicle—Definition. City Code: 20-452.(5) Home Occupations Or Home Offices Inspector: Code Officer Rich McLaren This Case was not heard as noted during Agenda Changes. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 14 OF 19 PUBLIC HEARINGS-NEW CASES 505. Code Enforcement Division—Police Department CASE #2016CE002019 Vanessa Colon And Noel Ortiz 261 North Edgemon Avenue Winter Springs, Florida 32708 City Code: 6-195 Maintenance of Fences City Code: 13-2.(b) Junk And Debris City Code: 13-2.(c) Grass Height/Overgrown Yard City Code: 13-2.(e) Stagnant Pool Inspector: Code Officer Rich McLaren Code Officer Rich McLaren, Code Enforcement Division, Police Department introduced the Case and testified, "The compliant was received reference to a possible stagnant pool at the residence. Upon investigation, I found a — pool that was stagnant; the fence is in disrepair in many areas, yard debris all over the backyard, and grass was overgrown. Notice of Code Violation was mailed Certified/Return Receipt to the owner and posted at the owner's resident as reflected by Seminole County Property Appraiser's Office on July 13th, 2016. The house itself is vacant; the owner lives in the Moss Park Apartments on Moss Road by the Police Station. Due to issue of public safety, open fence sections were zip tied to the posts by myself to prevent entry into the backyard. A City contracted landscaping service has mowed the lawn on several occasions. I spoke with the owner of residence on one occasion and again this morning I spoke with her. And she stated the house was in short sale and was due to close on August 15th, 2016, but there has been issues with the bank." Photographs were shown from "WS-1"with additional comments. Code Officer McLaren stated, "I recommend the property have until October 7th, 2016 to come to into full Compliance or a daily Fine of two hundred and fifty dollars ($250.00) a day be applied. To this point, the yard waste has been cleaned up. As I've stated, the landscaping has somewhat been kept up, not routinely as it should be, but the fence itself is mostly the issue." Brief comments followed on the pool to which Code Officer McLaren pointed out, "The hazard of it being empty but it's also collecting rain water at this time." Further discussion ensued on the fence; to which Vice-Chairperson inquired if the fence was locked. Code Officer McLaren replied, "The one gate that's on the side — that I tried to see if it would open because the owner told me that I could go back there and go check it — I couldn't get it to open." With further comments it was noted that the City's Public Works Department could chemically treat the stagnant pool. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 15 OF 19 Referring to how often the property was mowed by the City, Code Officer McLaren replied, "Roughly twice, that I'm aware of," Discussion followed on the recommended Fine. Code Officer McLaren indicated that the property was vacant. Vice-Chairperson Criswell inquired about the Respondent's intent to remedy any or all of the Violations. Code Officer McLaren stated, "I basically reiterated to her that Board meeting is tonight, she has an opportunity to come down and speak her mind and to let the Board know — she keeps telling me the house is in short sale and the bank keeps pushing the closing date back." Discussion ensued with Senior Attorney Nix commenting, "I would just suggest that the Board choose whatever it thinks a reasonable amount of time is for the property to come into Compliance and base its recommended Fine on that statutory factors that if the gravity of the Violation, anything that the owner has done to correct it, and any past Violations on the property." Additional comments followed. 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 OCTOBER 31sT, 2016 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY CHAIRPERSON ROERO. DISCUSSION. VOTE: BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 16 OF 19 PUBLIC HEARINGS-NEW CASES 506. Code Enforcement Division—Police Department CASE #2016CE002043 Patrick R. And Kathy Leary 150 Tarpon Circle Winter Springs, Florida 32708 IPMC 302.7 Accessory Structures. Inspector: Code Officer Rich McLaren Code Officer McLaren introduced the next Case and began testimony, "I received a complaint from a neighbor in reference to a shed in the rear yard of this property that appears in disrepair and partially covered by a tarp. Upon investigation, found a shed that is viewable from the adjoining property and roadway that has a blue tarp partially covering it. A Notice of Code Violation was sent Certified/Return Receipt on July 14tH, 2016 and signed for on July 16th, 2016. The property and City Hall were posted reference to the Code Board Hearing on September 6th, 2016. There has been no contact with owner/resident to this date. The house is currently listed for sale by the owner." Photographs were shown from "WS-1"with additional comments. In conclusion, Code Officer McLaren stated, "And I recommend the owner have until October 7th, 2016 to come into Compliance or receive a fifty dollar($50.00) a day fine." Chairperson Roero asked, "So, what exactly — you want the tarp off and possibly fix the shed to some degree so the tarp would not have to be on?" Code Officer McLaren stated, "Yes, Sir." Discussion followed on Permits, the Violation on the Notice, and the recommended time frame to correct the Violation. Vice-Chairperson Criswell noted, "I think—the [October] 21St is another two (2) weeks, that is four (4) weeks, so I think that that is fair enough." Note: The Respondent was not present. "I MOVE THAT THE — THE RESPONDENTS, PATRICK R. AND KATHY LEARY, IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL OCTOBER 21sT TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT 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 CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 17 OF 19 VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS-NEW CASES 507. Code Enforcement Division—Police Department CASE 92016CE002046 SCFL Properties II, LLC 904 Gazell Trail Winter Springs, Florida 32708 City Code: 6-195.—Maintenance Of Fences Or Walls. City Code: 13-1.—General Prohibition. City Code: 13-2.(c) Grass Height/Overgrown Yard City Code: 13-2.(e) Stagnant Pool Inspector: Code Officer Rich McLaren Code Officer McLaren introduced the next Case and began his testimony and stated, "I received complaint from Road Patrol reference to a Code Violation at the vacant residence. Upon investigation, I found the fence falling over, the pool stagnant, grass was overgrown, and property in general disrepair. A Notice of Code Violation was mailed Certified/Return Receipt on July 15th, 2016 and posted at the property on that date. On August 3rd, 2016, the Notice of Code Violation and Letter of Intent to Remedy for overgrown grass mailed to the new owners as reflected by Seminole County Property Appraiser's Office. August 9th, 2016, the grass was cut, and all of the issues were still present. Property and City Hall posted for Code Board on September 7th, 2016. September 16th, 2016, City contracted landscaper was notified to remedy the overgrown grass. And to this date, by Code Enforcement itself, there has been no contact made with the property owner. Photographs were shown from "WS-1" with additional comments. Code Officer McLaren concluded, "I recommend the property have until October 71h, 2016 to come into Compliance or a daily Fine of two hundred and fifty dollars ($250.00) be applied." Brief comments. Mr. Cesareo Gnatek, 1817 Torrington Circle, Longwood, Florida: testified, "Basically, I purchased this property in a foreclosure; I did not know how much in disrepair it was. I removed over ten (10) dumpsters of garbage off the property within the first two (2) weeks. It was a complete disaster, so this has been a nightmare for me. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 27,2016 PAGE 18 OF 19 I received a Notice from the City to stop any renovations that we were doing on the property. It is true that we remove some drywall that — had mildew in it. Also my — Contractor started to do more work than he was supposed to, so we got a Notice to Stop the project, and we stop immediately. We never touch the property again." Mr. Gnatek stated, "He's licensed and he's also an Engineer and he's going to help me with the project. We filed with the City to get the proper Permits, we are doing everything we can to advance with this project. Also the swimming pool has been cleaned." Mr. Gnatek also indicated the grass was cut three (3) days ago and noted, "I need to fix the fence, that's the only thing that I have left." Vice-Chairperson Criswell asked if the pool was enclosed. Mr. Gnatek stated, "It is not enclosed." Further, Mr. Gnatek added, "Right now, as I said, we cleaned the pool, we put some water, it's clean, it's treated." Additional discussion on the pool and fence ensued. Mr. Gnatek commented, "I will take care of the fence tomorrow morning, first thing in the morning I will send someone to secure the fence." Continuing, Vice-Chaiperson Criswell asked, "By October 7th, you would be able to have everything into Compliance?" Mr. Gnatek replied, "Absolutely, yes." Additionally comments followed on the fence and Code Enforcement Inspections. Senior Attorney Nix suggested Code Enforcement Staff specify the required terms of Compliance to which Code Officer McLaren said, "As long as it looks like it's properly fixed to the posts and there's no broken slats." Additional discussion ensued on the existing Violations. Code Officer McLaren stated, "It's getting there, it's making process." Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THE RESPONDENT BY THE GIVEN DATE, OCTOBER 7TH, TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. IT WAS CONFIRMED ALL FOUR (4) CITY VIOLATIONS WERE TO BE INCLUDED IN THE BOARD ORDER. VOTE: CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE VICE-CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING—SEPTEMBER 27,2016 PAGE 19 OF 19 PUBLIC HEARINGS AGENDA- NON-COMPLIANCE CASES PUBLIC HEARINGS—NON-COMPLIANCE CASES 600. Code Enforcement Division—Police Department CASE #2016CE001204 Christopher Boston 220 North Third Street Winter Springs, Florida 32708 City Code: 6-195. —Maintenance Of Fences Or Walls. Original Hearing Date: July 26, 2016 Inspector: Code Officer Terri Guerra This Case was not heard as noted during Agenda Changes. Brief comments. REGULAR AGENDA REGULAR 700. Not Used ADJOURNMENT Vice-Chairperson Criswell adjourned the Regular Meeting at 7:19 p.m. RESP EC TFULL Y S UBAIITTED: .JESSICA GJIEPSETICH, ASSISTANT T":,-THr _ ` LERK AND Alm NIA DELL O A ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the October 25,2016 Code Enforcement Board Regular Meeting.