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HomeMy WebLinkAbout2017 05 23 Consent 200 Unapproved Minutes from the March 28, 2017 Regular MeetingCODE ENFORCEMENT BOARD AGENDA ITEM ITEM 200 May 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, March 28, 2017 Code Enforcement Board Regular Meeting Minutes. ATTACHMENT(S): A. Unapproved Copy Of The Tuesday, March 28, 2017 Code Enforcement Board Regular Meeting Minutes (10 Pages) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 28, 2017 i j CALL TO ORDER The Regular Meeting of Tuesday, March 28, 2017 of the Code Enforcement Board was called to Order by Chairperson Matthew Criswell 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 Matthew Criswell, present Vice - Chairperson Gregg Roero, absent [Excused] 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. Chairperson Criswell noted that Vice - Chairperson Gregg Roero's absence would be considered "Excused ". No changes were made to the Agenda. Assistant to the City Clerk Antonia Della Donner swore in those who would be providing Testimony during tonight's Meeting. INFORMATIONAL AGENDA INFORMATIO \AL 100. Not Used CITY OF WINTER SPRINGS, FLORIDA MINT JTES CODE ENFORCEMENT BOARD REGULAR MEETING — MARCH 23, 2017 PAGE 2 OF 10 r` s CONSENT AGENDA CONSENT 200. Office of the Citv Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The February 28, 2017 Code Enforcement Board Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE BOARD'S MINUTES AS THEY WERE CIRCULATED, SIR." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: 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 - MARCH 23, 2017 PAGE 3 OF 10 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2017CE000225 Armando And Maritza Davila 203 Arrowhead Court Winter Springs, Florida 32708 City Code: 6 -187. — Construction Materials. Inspector: Captain Chris Deisler Captain Chris Deisler, Code Enforcement Division, Police Department introduced the Case and began his testimony, "This property came to our attention in Code Enforcement in the middle of last year due to a complaint about the temporary fence barrier erected between this home and the neighbor at 201 Arrowhead Court. There is a pressed OSB (oriented strand board) style board that has been put in place by the owner of '203 [Arrowhead Court] to close a forty foot (40') gap in an existing brick wall that separates the two (2) properties. There is a pool at 203 [Arrowhead Court], so there is a requirement for an adequate barrier for the pool. The property owner. Mr. [Armando] Davila — he has an open fence Permit from July of last year. It is valid until July 2017 since it was extended by City Hall. Despite the fact that there is an open Permit, there's been no work done to start the permanent project, and the improper temporary fence material stays in place. Since the permanent project has not started, the owner has left the temporary wood barrier in place; however, this material does not meet Code standards. It should be noted that the owner has all of the materials for the permanent installation of his new fence but has vet to install it. The Notice of Code Violation letter was sent and received by the owner on February 9t1, of this year; there was a correction date of February 27t" of this year provided, but nothing has. been done. The Notice of Code Board Hearing was mailed certified; however, the original mailing cards were not returned to me, so I don't know the exact date of that service. But based on that, as a precaution, I re- mailed another one and we also posted the property and the City Hall bulletin board per the statutory requirements for the Notice on March 13th of this year." A photograph was shown from "WS -1" with additional comments. Concluding, Captain Deisler stated, "I recommend the Respondent be provided until April 14th of this year to comply with a Fine of a hundred dollars ($100.00) per day assessed for Non - Compliance." Captain Deisler noted that Mr. Brian Fields, Director, Community Development Department was available for questions as he had knowledge of the Case's history. t +iii. CITY OF WINTER SPRINGS. FLORIDA MINUTES CODE ENFORCEMENT BOARD RLGULAR MEE'I ING 'MARCH 2£. 2017 PAGE 4 OF 10 Board Member Bill Poe inquired about the OSB (oriented strand board). Captain Deisler stated, "It represents to be a pressed board style material, perhaps Mr. Fields can elaborate on its composition better than I can." 11r. Armando Davila, 203 Arrowhead Court, Winter Springs, Florida: stated that he and his wife, Mrs. Maritza Davila, were the owners of the property and prepared to present a timeline of a series of events as part of his testimony. Referring to Captain Deisler, Senior City Attorney Jennifer Nix asked, "For the purposes of the Hearing and just to rein it in from where we may be going here — can you specify exactly what part of the municipal Code that the Respondent is purportedly in Violation of? And then, what the proper materials are that are acceptable ?" Captain Deisler referred to the bottom of the Notice of Code Violation letter and stated, "The list of applicable materials that are allowed are — at the bottom." With brief discussion, Assistant to the City Clerk Della Donna read Sec. 6 -187. - Construction materials, from the City Code of Ordinances: "Fences and walls constructed within the city shall conform to one (1) of the following: (a) Wood fences constructed of rot -and termite- resistive species of wood or chemically pressure - treated to resist rot and termite attack. (b) Street posts and wire fabric fences with fabric of a minimum of eleven (11) gauge galvanized or other non - corrodible metal. (c) Ornamental iron. (d) Ventilated concrete or masonry. (e) Decorative PVC or aluminum, structurally sound to maintain spans." On a related note, Senior City Attorney Nix stated, "I just wanted to point out — for the purposes of the Hearing, that is the one (1) Violation that we're on to see whether or not the Board finds the Respondents in Compliance with that. and that is it." Additional comments. Board Member Poe then asked, "Captain Deisler, is there something in place currently_ that meets the requirements that she just read ?" Captain Deisler answered, "No." Assistant to the CiN Clerk Della Donna swore in Mrs. 11arit a Davila before providing Testimoaay. ,,Wrs. iWarit a Davila, 203 Arrowhead Court, Winter Springs, Florida: expressed her concern with not being able to explain their current situation. Chairperson Criswell clarified, "We are just trying to get the back story on it before we get your story on it, so that we have all of the evidence." CITY OF wINTER SPRINGS. FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEE I ING MARCH 28, 2017 PAGE 5 OF 10 Continuing, Mrs. Davila briefly addressed previous interactions with their neighbors relating to the fence on the property. Chairperson Criswell reiterated the purpose of the Public Hearing. Brief comments followed on the submittal of Code Violation Complaints. Mrs. Davila spoke of their situation and noted, "It's a temporary wall that we want to take down." Mrs. Davila also referenced several interactions with their local Homeowners Association (HOA). Discussion ensued. Senior City Attorney Nix briefly remarked on the process of submitting a Code Violation Complaint and stated, "I think what the Board Chair is attempting to do here is keep this reined in to what is relevant to tonight's Hearing which is — per the Notice of the Code Violation and the Notice of the Hearing, a purported Violation in regards to — the City Code, [Section] 6 -187. (Construction materials.), which we had the Board Secretary read into the Record." In response to Mrs. Davila's request for clarification, Senior City Attorney Nix spoke of Chapter 162 of the Florida Statutes, general Code Enforcement procedures, and the irrelevance of Homeowners Association (HOA) Covenants in regards to City business. Much discussion followed on inforination and its relevance to the Case. Mr. Davila testified. "The reason that board is there is because there was a fantastic brick wall, built by the developer, in place, in perfect condition which the Homeowners Association (HOA) president and his wife — demolished, without a permit and without ARB (Architectural Review Board) approval and in Violation of City Ordinance 6 -195. (Maintenance of fences or walls). We because have an open pool needed to put something in to protect our pool while we resolve the issue." Further comments. Continuing, Mr. Davila indicated that he had a City issued Permit and referenced his discussions with the former Building Official and stated, "I said. `I have to come up with a solution, but I have an exposed pool at this point in time because I don't have an enclosure.' And he told me, `Yes, I'm going to go and Fine you tomorrow if you don't do something about it.' So, I suggested to him — buy some cheap wood, put it in there, kind of a construction barrier, while I look for replacement estimates and replacement materials and deal with the Homeowners Association (HOA) and the abuse that they're conmlitting against us, so forth and so on." Chairperson Criswell asked, "And they issued a six (6) month Permit ?" Mr. Davila responded, "They did." With further discussion, Mr. Davila referenced a timeline of a series of events and commented on conversations he had with both Captain Deisler and Mr. Fields on separate occasions. Mr. Davila stated, "So, I contend that I have, under Permit. an approved temporary wall." CITY OF WNTER SPRITNGS, FLORIDA NIFN iTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 28, 2017 PAGF 6 OF W Discussion ensued with comments from Mr. Davila on the extension he received for the Permit, the preparations he has made to resolve the issue, and further dealings with his local Homeowners Association (HOA) and the ARB (Architectural Review Board). A photograph of the structure was then shown, and additional comments ensued. Board Member Suzamze Walker inquired about the original owner of the structure. Mr. Davila stated, "The fence was built on the property of my neighbor by the — developer. It was offset because there is a Utility Easement, I assume — it was twenty -one (21) years ago, so we didn't know. But there are three (3) Agreements when we came and built our house; that house was already there. We applied to the City to provide a Variance for my pool including attaching to the existing wall. The City approved it, we applied to the ARB (Architectural Review Board), the ARB (Architectural Review Board approved it." Discussion followed by brief comments on the permit. Senior City Attorney Nix pointed out, "Having a building permit does not immunize a person from Compliance with the City Code whether it's a six (6) month Permit or extended beyond that." Following additional discussion, Senior City Attorney reiterated the irrelevancy of Homeowners Association (HOA) conflicts in relation to this Case. Further, Senior City Attorney Nix remarked, "We're here for a Violation of [Section] 6- 1 87. (Construction materials.); the Notice of the Code Violation says that the wooden panels installed to close the gap in the wall are not compliant with the Code." Further remarks. Board Member Poe asked, "The fence material that is there now, does it meet Code as the Secretary read to you a little while ago ?" Mr. Davila, "That is not a fence, that is a temporary barrier..." Board Member Poe stated, "That's not the question. The question is, `Does it meet the Code as she described earlier ? "' Mr. Davila replied, "You're asking me if it's a fence and my answer is not a fence, but it is OSB (oriented strand board).'' Referring to Mr. Fields, Board. Member Maurice Kaprow asked for clarification on his opinion regarding the material of the structure. Mr. Fields stated, "I and two (2) Building Officials have looked at this and this is a temporary barrier, I think we've established that fact. . Continuing, Mr. Fields stated, "The temporary barrier is required by [Florida] Statutes because of the pool, it's a pool enclosure. There's no doubt that he has a temporary barrier installed and the times that 1 looked at it and the Building Officials, it was satisfactory for pool protection. However, it is not a permitted fence that's been permitted through the Building Department and issued a Permit in Compliance with Section 6-187. (Construction materials.)." ��� R CITY OF WINTER SPRINGS, FLORIDA MINUTES CODL ENFORCEMENT BOARD REGULAR MEETING - MARCH 28, 2017 PAGE 7 OF 10 On a related note, Board Member Kaprow inquired, "W`hat is the deadline on the Permit? What's the expiration date of his permit ?" Mr. Fields replied, "Permits are issued a standard six (6) month duration: that is not intended to establish a window of Compliance for Code Enforcement issues — that's a standard duration. Mr. Davila calve in — around January, and I spoke with him and he explained that he needed an extension. That extension was granted for the primary purpose — we did not want the absence of a Permit to be perhaps in the way of his ability to comply with this item that's before us tonight." Chairperson Criswell asked, "If the Davilas were to today or tomorrow — construct a fence using one of the materials that provided by the Code for the City, would it or would it not meet the City Code and close out the Permit ?" Mr. Fields replied_. "It would. He has a Permit, if he built the fence that's in his permitted documents_ it's a valid Permit, he would achieve Compliance." Brief discussion followed and Mr. Davila requested, "All I want — give me the time allowed by the permit to finish my job because I have to navigate the other issue. That's all I'm asking." Note: The Respondent iv as present. "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 14 rH, 2017 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THAT DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) PER DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. SENIOR CITY ATTORNEY NIX, SPEAKING TO THE RESPONDENT, ASKED, "WITH THE INFORMATION THAT WAS ON THE SLIDE, IT'S JUST THAT TIMELINE? THE INFORMATION THAT WAS ON THE THUMBDRIVE?" MR. DAVILA REPLIED, "YES." BRIEF COMMENTS. REFERRING TO THE RESPONDENT, CHAIRPERSON CRISWELL ASKED, "DO YOU UNDERSTAND WHAT WAS JUST MOTIONED AND SECONDED?" MR. DAVILA STATED, "YES." CHAIRPERSON CRISWELL CONTINUED, "DOES SIXTEEN (16), EIGHTEEN (18) DAYS GIVE YOU ENOUGH TIME TO COMPLETE WHAT THE BOARD JUST ORDERED'"' MR. DAVILA STATED, "NO, SIR." CONTINUING, CHAIRPERSON CRISWELL THEN INQUIRED, "FOURTEEN (14) DAYS DOES NOT GIVE YOU ENOUGH TIME — IF YOU HAVE MATERIAL ON HAND AND PERMIT TO FINISH WHAT YOU NEED?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE. ENFORCEMENT BOARD REGULAR MEETING - MARCH 28. 2017 PAGE 3 OF 10 MR. DAVILA STATED, "SIR, I HAVE TO NAVIGATE WITH THE ARB (ARCHITECTURAL REVIEW BOARD) AND THEY DENIED MY APPLICATION UNDER A LEGALITY JUST FOR WHATEVER. SO, I HAVE TO WORK THROUGH THAT, TOO." s CHAIRPERSON CRISWELL REMARKED, "WE ARE NOT CONCERNED WITH THE HOA (HOMEOWNERS ASSOCIATION) OR THE ARB (ARCHITECTURAL REVIEW BOARD)." MR. DAVILA COMMENTED, "WHEN I APPLIED FOR THE PERMIT, IT SAYS — I GOT TO GET APPROVAL OF THE ARB (ARCHITECTURAL REVIEW BOARD). CAN WE USE WHAT WE PERMITTED?" CHAIRPERSON CRISWELL STATED, "IF IT'S ON THE LIST OF MATERIALS THAT IS SUGGESTED BY THE CITY TO COME INTO COMPLIANCE — THAT IS WHAT I WOULD RECOMMEND USING." MR. DAVILA SAID, "I'M GOOD WITH THAT." MR. FIELDS POINTED OUT, "WHEN WE ISSUE BUILDING PERMITS, WE DO NOT REQUIRE ARB (ARCHITECTURAL REVIEW BOARD) APPROVAL. WE ADVISE THAT BECAUSE WE SEE A LOT OF THESE ISSUES WHERE — PERMIT'S ISSUED BY THE CITY THAT IS NOT COMPLIANT WITH THE HOA (HOMEOWNERS ASSOCIATION); HOWEVER, WE DO NOT WITHHOLD PERMITS OR REQUIRE ARB (ARCHITECTURAL REVIEW BOARD) APPROVAL TO BE IN HAND AT PERMIT ISSUANCE." CHAIRPERSON CRISWELL ASKED, "SO, IF THIS WAS COMPLETED BY THE FOURTEENTH (14TH) OF APRIL, IT WOULD PASS INSPECTION, WOULD BE COMPLIANT FOR THE CITY, AND THEY THE HOA (HOMEOWNERS ASSOCIATION), ARB (ARCHITECTURAL REVIEW BOARD), AND THE DAVILAS COULD WORK IT OUT ON THEIR OWN TIME, OWN DIME?" MR. FIELDS CONFIRMED, "CORRECT." VOTE: BOARD MEMBER POE: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Chairperson Criswell called ca Recess at 6:25 p.m. The Meeting reconlyened" at 6:28 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEtIENT BOARD REGULAR MEETING - MARCFI28_ 2017 PAGE'S OF 10 PUBLIC HEARINGS AGENDA — NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - tip\- COMPLI_A`CE CASES 600. Code Enforcement Division — Police Department CASE 42016CE003139 Renae L. And Gregory Hamilton Parcel ID: 34 -20 -30 -533- 0000 -0050 (Excelsior Parkway) Winter Springs, Florida 32708 IPMC: 302.4 Weeds. City Code: 13 -2.(b) Junk And Debris Date Of Original Hearing: January 24, 2017 InsDector: Cantain Chris Deisler This Case was introduced by Captain Deisler who provided related information, and beginning his testimony, Captain Deisler stated, "You may recall this was an abandoned field, it was overgrown, juveniles were found setting fires on it. That came to our attention. it was before you in January; it was set for a Compliance date of February ?9;t" of this year. We have not had any contact with the owner except for one (1) phone call I got from him after he received the Notice of this Hearing. They have not cut it, and it looks still like this today." A photograph was shown from "WS -1" with additional comments. Captain Deisler concluded, "Accordingly, I recommend your Order be tiled as a Lien consistent with the terms in the Order which were stated as a hundred dollars ($ 100.00) per day for Non - Compliance." _Note-: The Respon(lent ii as not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTIES SET FORTH IN THIS BOARD'S PREVIOUS ORDER DATED — FEBRUARY 6TH, 2017 — BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE MOTION CARRIED. r, t ain } CITY OF WINTER SPRINGS., FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MARCH 28; ?017 PAGE 10 OF 10 Chairperson Criswell recognized students from the University of Central Florida that were in attendance for academic requirements. REGULAR AGENDA REGULAR 700. Code Enforcement Division — Police Department Not Used ADJOURNMENT Chairperson Criswell adjourned the Regular Meeting at 6:32 p.m. RESPECTFULLYSUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 2017 Code Enforcement Board Regular Meeting.