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HomeMy WebLinkAbout2017 01 24 Consent 200 Unapproved Minutes from the October 25, 2016 Regular MeetingCODE ENFORCEMENT BOARD AGENDA ITEM ITEM 200 January 2017 Regular Meeting REQUEST: Informational Consent X Public Hearings Regular The Office Of The City Clerk Requests That The Code Enforcement Board Review And Approve The Tuesday, October 25, 2016 Code Enforcement Board Regular Meeting Minutes. ATTACHMENT(S): A. Unapproved Copy Of The Tuesday, October 25, 2016 Code Enforcement Board Regular Meeting Minutes (12 Pages) The Regular Meeting of Tuesday, October 25, 2016 of the Code Enforcement Board was called to Order by Chairperson Gregg Roero 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 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 changes to the Agenda, Captain Chris Deisler, Code Enforcement Division, Police Department advised the Code Enforcement Board that PUBLIC HEARINGS — NEW CASE "500" and PUBLIC HEARINGS — NEW CASE "503" would not be heard due to the properties coming into Compliance. Captain Deisler also indicated that PUBLIC HEARINGS — NEW CASE 11505" was pulled for administrative review. Further, Captain Deisler requested that PUBLIC HEARINGS — NEW CASE "502" be heard first with the remaining Cases then heard in sequential order. No objections were noted. 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 - OCTOBER 25, 2016 PAGE 2 OF 12 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, September 27, 2016 Code Enforcement Board Regular Meeting Minutes. REFERRING TO THE MINUTES OF THE LAST MEETING, "MOTION TO APPROVE, AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE- CHAIRPERSON CRISWELL. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: 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 - OCTOBER 25, 2016 PAGE 3 OF 12 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2016CE002227 Shawn And Feleicia Kendall 647 Dolphin Road Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. City Code 6 -195. - Maintenance Of Fences Or Walls. City Code 13 -2.(b) Junk And Debris City Code 13 -2.(c) Unsanitary /Overgrown Inspector: Code Officer Terri Guerra This Case was not heard as noted during Agenda Changes. ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA — NEW CASES "502" WAS HEARD NEXT, AS NOTED DURING AGENDA CHANGES, FOLLOWED BY THE REST OF THE AGENDA. ❖ ❖ PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE #2016CE002358 Vizcaya And Dach Anderson 113 Elderwood Street Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment. City Code 9 -374. - Posting Of Numbers. City Code 13 -2.(c) Unsanitary /Overgrown Inspector: Code Officer Terri Guerra Code Officer Terri Guerra, Police Department, Code Enforcement Division introduced this Case and submitted into Evidence "WS -1 ", the presentation, "WS -2" the Return Receipt. Continuing, Code Officer Guerra testified, "On August 4th, 2016, I noticed the grass was overgrown in the front and backyard. The house numbers were not displayed per [City] Code. There is black growth on the outside front wall of residence; the paint is peeling off of the right side of the property. The residence appears to be vacant. An NCV (Notice of Code Violation) was sent to owner of property. a CITY OF WINTER SPRINGS, FLORIDA MINUTES L CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 4 OF 12 On August 10th, 2016, the NCV (Notice of Code Violation) was signed for by Vizcaya Anderson. On October 11th, 2016, the Notice of Code Board was posted at the property, City Hall, and we sent Certified and First Class to the property owner. October 7th, 2016, the grass was cut by the City's Contractor. On October 14th, 2016, the Notice of Code Board was delivered to an individual at the residence. There has been no contact from the owner until tonight." Photographs were shown from "WS -1" with further remarks. "I recommend the Board find the property in Violation and impose a Fine of one hundred dollars ($100.00) per day if not in Compliance. The owner should be given until November 15th, 2016 to comply." Mr. Dach Anderson, 113 Elderwood Street, Winter Springs, Florida: testified, "Yes, I did comply and all with everything and I took pictures of the front yard, put the posting numbers on the mailbox, and it was on the — above the garage door, in the center, and I just took pictures of that to make sure it's all there. The grass is in the back — is about `half shin' high. The front's cut, stuff like that. The house is under contract through the bank, I guess. I tried to get a hold of my Attorney to get them to get someone to start out there, going out there and cutting it, stuff like that. But I have not heard no response from my Attorney yet about it." Chairperson Roero inquired if Staff had been out to inspect the property recently. Code Officer Guerra stated, "Not today, I did not. He has pictures that he took, but I went yesterday and I didn't see the numbers on the house. The front is cut, but the back — there's a lot of weeds that were up by the gate. So, it was hard to tell how high the grass was in the back. But the black is still all on the front and the side is still peeling." Board Member Carole Giltz commented that the City had contracted the grass in the front yard to be cut, not the Respondent. Mr. Anderson stated, "I've actually been cutting the grass; I was traveling for work and stuff like that, but in the garage I actually have a lawnmower — my neighbor down the road, his son has been coming down there and cutting it for money." Mr. Anderson further explained that while the neighbor's son was on vacation, he was away for work which resulted in a prolonged period of uncut grass. Next, Vice - Chairperson Matthew Criswell asked . for additional details regarding the property's current status. Mr. Anderson replied, "It's in short sale. It's been going on for about a year and a half to two (2) years now." Further discussion followed and Mr. Anderson submitted several photographs as Evidence. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 5 OF 12 Board Member Suzanne Walker inquired about the closing date. Mr. Anderson responded, "I haven't gotten a closing date yet; I was trying to email my Attorney again to find out the closing date on it. They told me anywhere between middle of November to beginning of December was the closing." Additional discussion followed. Note: The Respondent was present. "I MOVE TO THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 15TH 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) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION FOLLOWED ON TESTIMONY AND EVIDENCE PROVIDED BY BOTH THE RESPONDENT AND CODE ENFORCEMENT STAFF. IT WAS NOTED THAT ALL THREE (3) VIOLATIONS WERE ACCOUNTED FOR IN THE MOTION. VOTE: BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. Brief comments followed on Repeat Violations. PUBLIC HEARINGS -NEW CASES 501. Code Enforcement Division — Police Department CASE #2016CE002314 Karl W. Elliott 615 Anhinga Road Winter Springs, Florida 32708 City Code 13 -2.(b) Junk And Debris City Code 13 -2.(c) Unsanitary /Overgrown Inspector: Code Officer Terri Guerra Code Officer Guerra introduced the Case. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 6 OF 12 Submitted into Evidence by Code Officer Guerra was "WS -1 ", the presentation, and "WS -2" the Certified Receipt for the Notice of Code Board. Code Officer Guerra testified, "August 81h, 2016, I received a complaint regarding grass overgrown at this location and miscellaneous junk in the backyard. Upon inspection, I observed grass overgrown at the property. The resident at 613 Anhinga (Road) gave me permission to go onto her property to observe the backyard. There is yard waste all over the backyard and several piles of materials against the back of the house. The house appears to be vacant; there is a bank number on the window of the residence which I called and the representative said they would get someone out there as soon as possible. On August 4th, 2016, 1 sent a Notice of Code Violation to the owner on record. The United States Postal Service website shows on August 15th, 2016 the Notice of Code Violation was delivered to an individual at an address in Georgia. On September 1St, 2016, I posted the Notice of Code Violation at the property. On October 5th, 2016, Notice of Code Board was posted at the property and City Hall and sent Certified and First Class to owner. On October 15th, 2016, the Notice of Code Board Notice was picked up from the United States Postal Service facility in Marietta, Georgia." Photographs were shown from "WS -1" with further remarks. Continuing, Code Officer Guerra stated, "I received a call from the bank wanting to confirm the Violations had been corrected. I advised them that the grass had been cut in the front, but there was still junk and debris behind the residence. They advised they would tell a Contractor to go by, but they could not advise a time frame. 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 November 15th, 2016 to comply." Note: The Respondent not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 15TH, 2016 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 BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. IT WAS NOTED THAT BOTH VIOLATIONS WERE MEANT TO BE INCLUDED IN THE MOTION. ADDITIONAL DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 7 OF 12 VOTE: CHAIRPERSON ROERO: AYE VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 503. Code Enforcement Division — Police Department CASE #2016CE001790 Norisha Quinones 250 North 3rd Street Winter Springs, Florida 32708 City Code 12 -53. - Abandonment Of Motor Vehicles Prohibited. City Code 13 -2.(b) Junk And Debris Inspector: Code Officer Rich McLaren This Case was not heard as noted during Agenda Changes. PUBLIC HEARINGS -NEW CASES 504. Code Enforcement Division — Police Department CASE #2016CE002045 Ann C. Bourgeois 635 Murphy Road Winter Springs, Florida 32708 City Code 6 -195. - Maintenance Of Fences Or Walls. 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, Police Department, Code Enforcement Division introduced this Case and testified, "The Case was started on July 14th, 2016 for reported stagnant pool at this location. I observed the fence on all sides of the house in disrepair, grass was overgrown and the pool water was stagnant; house appeared to be vacant. Public Works was notified to remedy the stagnant pool water and City contracted landscaping service was notified to remedy the overgrown yard. On July 14th, 2016 the Notice of Code Violation was sent First Class Certified /Return Receipt requested and returned Unclaimed on August 17th, 2016. The property was then posted with Notice of Code Violation on that date. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 8 OF 12 No contact has been made with party associated with this property. City Hall and the property were posted reference to Code Board on September 20, 2016. On October 13tH, 2016, unknown subjects did enter the residence through the rear yard and caused damage to the interior of the residence and well as graffiti on the outside of residence. City Public Works has responded to the residence on multiple occasions to secure the fence as it has fallen down. Photographs were shown from "WS -1" with further remarks. Concluding, Code Officer McLaren stated, "I recommend the property be found in Violation of City Codes indicated and given until November 15th, 2016 to come into Compliance or a Fine of two hundred and fifty dollars ($250.00) per day be applied." Board Member Dennis Robinson commented on draining the stagnant pool. Senior Attorney Jennifer Nix addressed the City Code in relation to public nuisance Violations and noted, "The Code requirements if you were to be asked to give an Order to contract for the City to do something — there are certain requirements as to what's in that Notice and that's not what this is brought under." Senior Attorney Nix commented further on City Code requirements for Notices for Violations regarding public nuisances. On a related note, Vice - Chairperson Criswell asked for clarification regarding City Code requirements for Notices for Violations for public nuisances. Code Officer McLaren commented briefly on the Public Works Department's strategy for nuisance abatement. Senior Attorney Nix stated, "It would be a due process Violation for you all, I would think, given the Notice that you're looking at in the packet which does not meet the requirements if this were being brought before the Board for an Order to proactively do something aside from do a daily Fine." Vice - Chairperson Criswell referenced past Cases and made additional comments. Senior Attorney Nix read and discussed City Code, Sec. 13 -4. — Procedure for city enforcement of non - imminent hazards. Comments continued. Further related to this Case, Senior Attorney Nix stated, "When applying the Code provisions, you all have to decide whether that meets that - I don't know that the City Enforcement Staff is asking for an Order to go abate something or if they're just asking for a daily Fine." Code Officer McLaren stated, "At this point, it's been treated by Public Works and it'll be continuously treated by them for mosquitoes. I'm looking for a daily Fine to accrue for it." Much discussion followed on the stagnant pool, the surrounding fence, the safety precautions taken by the City, Code Enforcement procedures per the City Code, what constitutes a threat to public health, safety, and welfare, and Chapter 162 of the Florida Statutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 9 OF 12 Board Member Giltz asked if anyone was living on the property. Code Officer McLaren stated, "The house is vacant at this time." Board Member Walker inquired if there was a mortgage. Code Officer McLaren indicated that the current status was unknown. Note: The Respondent not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE — FOLLOWING CITY CODES: 6 -195. (MAINTENANCE OF FENCES OR WALLS), 13 -2.(c) (GRASS HEIGHT /OVERGROWN YARD), 13 -2.(e) (STAGNANT POOL) AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 15TH, 2016 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. FURTHER, THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY 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 GILTZ. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE VICE- CHAIRPERSON CRISWELL: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 10 OF 12 PUBLIC HEARINGS - NEW CASES 505. Code Enforcement Division — Police Department CASE #2016CE002100 Earl And Sharon Savage 52 North Fairfax Avenue Winter Springs, Florida 32708 City Code 13 -2.(a) Unsightly Matter City Code 17 -1. - Obstructing Streets And Sidewalks; Permit Required. Inspector: Code Officer Rich McLaren This Case was pulled from the Agenda as noted during Agenda Changes. PUBLIC HEARINGS - NEW CASES 506. Code Enforcement Division — Police Department CASE #2016CE002369 Durone E. Pratt 351 Streamview Way Winter Springs, Florida 32708 City Code 13 -2.(e) Stagnant Pool IPMC 304.2 Protective Treatment. IPMC 304.9 Overhang Extensions. IPMC 304.14 Insect Screens. IPMC 504.1 General. (Plumbing Systems And Fixtures) Inspector: Code Officer Rich McLaren This Case was introduced by Code Officer McLaren, Police Department, Code Enforcement Division who testified that "On August 5th, 2016, I received a complaint in reference to a stagnant pool at this location as well as issues with the upkeep of the exterior areas. Upon investigation, I found a faucet on the side of the house that appeared to be leaking water with an unknown black growth around it, screens on the pool enclosure with tears in them, and an overhang in the outside side room with a hole in the sheetrock, as well as the pool stagnant. The Notice of Code Violation was mailed on August the 5th, 2016 and returned Unclaimed on September 13th, 2016. The property was subsequently posted on that date. No contact has been made to this date with any party associated with the property. The residence and City Hall were posted in reference to Code Board Hearing on October the 10th, 2016." Photographs were shown from "WS -1" with further remarks. In conclusion, Code Officer McLaren stated, " I recommend the property be found in Violation of City Codes as indicated and be given until November the 15th, 2016 to come into Compliance or a Fine of two hundred and fifty dollars ($250.00) a day be applied." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - OCTOBER 25, 2016 PAGE 11 OF 12 Board Member Giltz inquired about the surroundings of the stagnant pool to which Code Officer McLaren replied that there was a screen enclosure around it. Additional comments followed on plumbing, mosquitoes, and the Zika virus. Note: The Respondent was not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE 13- 2.(e) (STAGNANT POOL), IPMC 304.2 (PROTECTIVE TREATMENT), 304.9 (OVERHANG EXTENSIONS), 304.14 (INSECT SCREENS), AND 504.1 (GENERAL [PLUMBING SYSTEMS AND FIXTURE]) AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL NOVEMBER 15TH, 2016 TO COMPLY. A FINE IN THE AMOUNT TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER POE: AYE VICE - CHAIRPERSON CRISWELL: AYE CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 600. Not Used REGULAR AGENDA REGULAR 700. Not Used Brief discussion ensued on Code Enforcement Board Meeting procedures and upcoming meetings. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — OCTOBER 25, 2016 PAGE 12 OF 12 "TRADITIONALLY WE HAVE CANCELLED MEETINGS WITH THE PROVISION THAT CAPTAIN DEISLER, IF HE FEELS THE NEED COULD ASK US MEET — AND ALONG THOSE LINES I WOULD MOVE THAT WE CANCEL OUR NOVEMBER AND DECEMBER MEETINGS SUBJECT TO RECALL BY CAPTAIN DEISLER." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE - CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON ROERO: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. ADJOURNMENT Chairperson Roero adjourned the Regular Meeting at 6:24 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 2017 Code Enforcement Board Regular Meeting.