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HomeMy WebLinkAbout2017 08 22 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 22, 2017 CALL TO ORDER The Regular Meeting of Tuesday, August 22, 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 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 Assistant to the City Clerk Jessica Wright - Burnham, present A moment of silence was held followed by the Pledge of Allegiance. Regarding changes to the Agenda, Captain Chris Deisler, Code Enforcement Division, Police Department indicated that PUBLIC HEARINGS — NEW CASEES "500" would not be heard as the property came into Compliance earlier that day. Brief comments followed. 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 22, 2017 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 July 25, 2017 Code Enforcement Board Regular Meeting Minutes. REGARDING THE PROPOSED APPROVAL OF THE MAY 23, 2017, CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES, "I WOULD RECOMMEND APPROVAL, AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: 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 22, 2017 PAGE 3 OF 10 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2017CE000556 Malcolm And Maria Redmon 801 Kilt Court Winter Springs, Florida 32708 City Code: 6 -195. - Maintenance Of Fences Or Walls. City Code: 13 -2.(b) Junk And Debris IPMC: 304.6 Exterior Walls. IPMC: 304.10 Stairways, Decks, Porches And Balconies. Inspector: Captain Chris Deisler As previously noted, this Case was not heard. PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE #2017CE001457 Sandra Brewer 1019 Chokecherry Drive Winter Springs, Florida 32708 City Code: 13 -2.(c) Junk And Debris Inspector: Captain Chris Deisler Captain Deisler presented the Case information and testified, "During a patrol of the neighborhoods, I noticed that this property had overgrown grass and weeds which were above the maximum allowable height. There were also numerous items being stored outside near the front door on the porch area, a pile of dead branches in the yard, and a plastic garbage can full of yard debris in the front yard. The Notice of Code Violation letter for this Case was posted at the property on June 29th of this year, and it was also sent Certified; subsequently delivered to a Kenneth Steven Brewer on July 10th of this year. There was no movement in the Case, so we set it for this Hearing tonight. That Notice was mailed Certified and received by Mr. Brewer on July 28th of this year. Both the property and the bulletin boards were also posted with the Hearing Notice on July 18th There has been some progress made on the property, I think last time I was by there it was either this morning or yesterday - however it does still remain in Violation. Up until tonight, I had not spoken or seen the owners of the property." Photographs were shown from "WS -1" with additional comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 22, 2017 PAGE 4 OF 10 Captain Deisler concluded, "I recommend the property be found in Violation and a penalty of a hundred dollars ($100.00) per day if found in Non - Compliance, and as I said, your Respondent is here." Board Member Suzanne Walker asked if there was a recommendation for a corrective action date. Captain Deisler responded, "How about September 26th? That gives them — a month and that will also put them out for the October meeting, if they're not in Compliance." Additional comments. Mrs. Sandra Brewer, 1019 Chokecherry Drive Winter Springs, Florida 32708: indicated that they believed that they were already in Compliance with the exception of the pavers. Mrs. Brewer then went into detail on why the pavers are not in Compliance by stating, "A while back our walkway had gotten very uneven and because — pavers kept sinking into the sand; weeds were growing through them. So, my husband decided to dig them up; the intention was to put concrete down underneath them." Mrs. Brewer commented briefly on recent difficulties regarding the property's landscaping and noted, "I have talked with our neighbors about the possibility of — mowing our lawn." Mrs. Brewer remarked on various pieces of debris that had been removed and stated, "We intend to get those pavers down." Brief remarks followed on the proposed corrective action date. Mr. Kenneth Brewer, 1019 Chokecherry Drive, Winter Springs, Florida: provided brief comments on his lack of employment and additional inhibiting circumstances. Continuing, Mr. Brewer explained, "After the 1St of September, I will have some money to buy the concrete, buy the wire mesh, and get the pavers cemented in place." Discussion followed on alternative solutions to install the pavers, other debris on the property, and landscaping of the property. Captain Deisler spoke on the public safety aspect motivating Code Enforcement Officers when citing Violations and noted, "We're here to just try to keep everybody's method of ingress and egress from the house clean, so that we don't have any injuries." Further remarks. Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 26, 2017 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 22, 2017 PAGE 5 OF 10 VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division — Police Department CASE N2017CE001400 Secured Trustee Services, LLC Tr. 226 Buttonwood Avenue Winter Springs, Florida 32708 City Code: 13 -2.(c) Junk And Debris City Code: 9 -374. - Posting Of Numbers. IPMC: 304.2 Protective Treatment. Inspector: Captain Chris Deisler This Case was presented by Captain Deisler who then testified, "Again while out on patrol, I noticed this house presenting overgrown grass and weeds exceeding the maximum allowable height. There was also a large pile of concrete debris chunks on the side of the house. The paint on the house is faded where you can start to see the building material underneath being exposed to the elements, and the markings for this house location are not up to Code specifications, and you will see that in just a second. The Notice of Code Violation letter was sent Certified and delivered to the owner and the registered agent of this property on June 19th of this year. The grass Violation was found remedied on June 26th, so I'm not presenting that, but the other Violations remains. The Notice of Code Board Hearing was mailed Certified and received by the owner and the registered agent on July 24th of this year, and the property and City Hall bulletin boards were also posted on July 18th of this year. Drove by this afternoon, noticed that the chunks of concrete have been removed; however, the remaining Violations persist. No contact has been made with the owner of this property. Even though the chunks of concrete have been removed - it was not done so, prior to the deadline on the Code Violation letter which is why it's being presented." Photographs were shown from "WS -1" with additional comments. Captain Deisler concluded, "I recommend the property — Compliance by the 26th of September of this year and if not be Fined with a penalty of one hundred dollars ($100.00) a day if found in Non - Compliance." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 22, 2017 PAGE 6 OF 10 Board Member Dennis Robinson inquired about the house numbers on the side of the house. Captain Deisler stated, "This style of house numbering is not acceptable by the Code." Additional comments. Board Member Walker asked about the owner of the property. Captain Deisler answered, "As far as I know, it's just empty. I don't see people coming and going, but I see things like the lawn getting mowed every now and then." Board Member Walker then inquired about how Captain Deisler came up with the Fine amount. Captain Deisler stated, "The Fine for one hundred dollars ($100.00) a day -I came up with because these Violations really aren't terrible — if we do have something that presents like this and what throws my flag up is when I see a LLC as an owner. Traditionally the LLC are the people that buy the houses, don't really maintain them, flip them and then try to sell them." Further brief remarks ensued. Board Member Walker inquired about the concrete on the side of the house. Captain Deisler noted, "All gone; that property now, this particular pile of concrete, stones, and chunks of concrete are all gone now." Further comments followed about the upkeep of the property and the Violations. Chairperson Criswell spoke about a fixture on a window. Captain Deisler replied, "I have no idea. I wasn't able to get close enough to tell what that is; it's almost like a birdhouse to me." Brief comments followed on the gutters. Senior City Attorney Jennifer Nix referenced the Notice of Code Violation, pointed out that the proposed Fine amount was only a recommendation, and emphasized that the Board's considerations should focus only on current Violations as presented by Staff. Additional comments followed on the property to which Captain Deisler pointed out, "Up until today, it has remained in that condition the entire time." Captain Deisler also confirmed that there has been no communication with the owner. Board Member Walker inquired if a heftier Fine could be applied to which Senior City Attorney Nix stated, "Up to two hundred and fifty dollars ($250.00) for a first time Violation, and however you all balance that out in considering the factors that you have and the Statute." Discussion followed on the Notices provided to the Respondent. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 22, 2017 PAGE 7 OF 10 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 26, 2017 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER WALKER. SECONDED BY CHAIRPERSON CRISWELL. DISCUSSION. BOARD MEMBER ROBINSON COMMENTED ON THE PROPOSED FINE. BOARD MEMBER WALKER EXPLAINED, "THERE'S BEEN NO COMMUNICATION; THEY SEEM TO NOT CONSIDER IT SERIOUSLY. IT'S A SAFETY ISSUE BECAUSE OF THE NUMBERS ON THE HOUSE. I JUST THINK THAT THE OVERALL LACK OF INTEREST ON THE PART OF THE OWNERS COULD BE MORE VIGILANT IF THE PAIN WAS A BIT HIGHER. SO THAT IS THE REASON I WANT TO IMPOSE THAT FINE." BOARD MEMBER WALKER ALSO NOTED THAT SHE WAS AGREEABLE TO LOWERING THE FINE. DISCUSSION FOLLOWED ON THE OWNER AND THE POSSIBILITY OF THE OWNER BEING A TRUST, THE PROPOSED FINE, AND PAST CASES. BOARD MEMBER GILTZ MENTIONED, "I AM NOT OPPOSED TO THE TWO [HUNDRED] FIFTY [DOLLARS] ($250.00)." BOARD MEMBER ROBINSON COMMENTED ON TRUSTEE SERVICES. SENIOR CITY ATTORNEY NIX STATED, "I DON'T KNOW THAT IT'S A TRUST; FOR INSTANCE - FROM LOOKING AT IT, ONE COULD ASSUME IT'S A TRUST. CAPTAIN DEISLER, DO YOU KNOW IF IT'S A TRUST?" CAPTAIN DEISLER REPLIED, "I DO NOT." BRIEF COMMENTS. REMARKS FOLLOWED ON TRUSTS, ASPECTS OF AN LLC (LIMITED LIABILITY CORPORATION), AND FINES. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 22, 2017 PAGE 8 OF 10 PUBLIC HEARINGS - NEW CASES 503. Code Enforcement Division — Police Department CASE #2017CE001409 Armando T. Rivera And Gladys R. Torres 227 Sherry Avenue Winter Springs, Florida 32708 City Code: 13 -2.(e) Stagnant Pool City Code: 13 -2.(c) Overgrown Yard Inspector: Captain Chris Deisler Captain Deisler introduced the Case and commented briefly on an Intent to Remedy. Continuing, Captain Deisler testified, "On June 14th of this year, I noticed that this house had high grass and weeds exceeding the maximum height. Remedial action was taken by the City to cut the grass, however, the Contractor could not access the backyard. During a follow -up investigation on the 23rd of June, I ran into a neighbor who lives next door, and she had mentioned to me that the pool was stagnant. I had no idea until then. Of course, she invited me into the property next door in the backyard where the pool could clearly be seen by me as stagnant and green. The Notice of Code Violation letter was sent to the owners on June 19th of this year; it was returned Unclaimed. The Notice was then posted at the property on June 26th of this year. Since there was no action taken, the Code Board Hearing was scheduled and the Certified mail was sent on July 19th of this year, it was also returned Unclaimed. The property and City Hall bulletin were posted with this Hearing Notice on July 24th of this year. I've no contact with the owner, no work has been done, and there's one (1) picture and that's it ". Photographs were shown from "WS -1" with brief comments. Finishing his testimony, Captain Deisler concluded, "I recommend the property be found in Violation and come into Compliance by September 26th. If found in Non - Compliance, a Fine of Two Hundred and Fifty Dollars ($250.00) a day be imposed. Again, I didn't go five hundred [dollars] ($500.00) only because I intend to take some degree of further action — but I'll entertain whatever Fine you all think is necessary." Senior City Attorney Nix clarified, "This isn't a repeat Violation ?" Captain Deisler "This is not." Senior City Attorney Nix stated, "Okay, so we're capped at two [hundred] fifty [dollars] ($250.00). Brief discussion followed. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 22, 2017 PAGE 9 OF 10 "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 26, 2017 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENTS FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE #2017CE000965 Realty Income Properties 29, LLC 250 West State Road 434 Winter Springs, Florida 32708 City Code: 13 -2.(c) Junk And Debris/Dead Landscaping Inspector: Captain Chris Deisler This particular Case was presented by Captain Deisler who then testified, "The original Hearing for this Case was June 27th of this year, and I don't remember who was here at the time, but the Case was presented to you all because the property has a bunch of trash near the dumpster enclosure. It's not being kept up, the flower beds have dead landscaping, branches, the exposed drips system of the irrigation; it's just a mess. The grounds near the dumpster enclosure is littered with trash still. They were given until July 14th of this year to come into Compliance, however, they did not. A Fine of one hundred dollars ($100.00) a day was included in your Order. This Non - Compliance Hearing was mailed and Certified and received on July 20, of this year. City Hall and the property were also posted on July 24th. There is absolutely no progress or contact with anybody who is remotely concerned about this property, not limited to and including the store management. I have not heard from a soul. I recommend that your Order be filed as a Lien consistent with the terms therein ". Brief remarks followed on contacts with management at the property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — AUGUST 22, 2017 PAGE 10 OF 10 Note: The Respondent was not present. "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THE BOARD'S PREVIOUS ORDER, DATED JUNE 27, 2017, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER ". MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used ADJOURNMENT Chairperson Criswell adjourned the Regular Meeting at 6:11 p.m. RESPECTFULLY SUBMITTED: Af )..SSICA WRIGHT' URNI IAM SSISTANT TO ;THE CITY CLERK NOTE: These Minutes were approved at the September 26, 2017 Code Enforcement Board Regular Meeting.