Loading...
HomeMy WebLinkAbout2017 09 26 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING SEPTEMBER 26, 2017 CALL TO ORDER The Regular Meeting of Tuesday, September 26, 2017 of the Code Enforcement Board was called to Order by Chairperson Matthew Criswell at 5:33 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, 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 Assistant to the City Clerk Jessica Wright- Burnham, present Chairperson Matthew Criswell noted that Vice - Chairperson Gregg Roero's absence from the August 22, 2017 Code Enforcement Board Regular Meeting would be considered "Excused ". A moment of silence was held followed by the Pledge of Allegiance. Captain Chris Deisler, Code Enforcement Division, Police Department, indicated there were no agenda changes 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 Assistant to the City Clerk Della Donna departed the Meeting at approximately 5: 36 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 26, 2017 PAGE 2 OF 8 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The August 22, 2017 Code Enforcement Board Regular Meeting Minutes. REGARDING THE PROPOSED APPROVAL OF THE AUGUST 22, 2017, CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES "I WOULD RECOMMEND APPROVAL, AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER WALKER: 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 - SEPTEMBER 26, 2017 PAGE 3 OF 8 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2017CE001357 Gregory And Debra Malenchek 618 Locust Court Winter Springs, Florida 32708 City Code: 13 -2.(c) Junk And Debris. City Code: 6 -195. - Maintenance Of Fences Or Walls. City Code: 17 -1. - Obstructing Streets And Sidewalks; Permit Required. Inspector: Captain Chris Deisler Captain Deisler presented this Case and testified, "June 9th of 2017, this Case started, I noticed this house on a patrol, with the grass really high and the weeds exceeding the Code. Lot of junk and debris stored on both sides of the house, there was a wooden pallet of sorts, looked like an old mirror, some objects covered by a tarp, other scattered debris along the side of the house, pretty much all over the lot - old appliances, a couple of buckets outside the garage door, pretty much all over. You will also see a set of photographs soon of a horrible basketball goal with several large stones that are being kept in the City right of -way. The wooden fence on the side of the house to the right appeared to be bowing out from the landscaping, there's a bunch of trees that are planted right behind sections of the fence, it looked like it was pushing out. Several slats were not tight, the whole the section really needed to be cleaned. It presented a dark substance on it. Based upon those Violations, I sent the Notice of Code Violation to the owner. Problem is on about July 11, I got it back as `Returned' from the postal services. So, we re- posted it and I stuck it to the front door and noted the posting on the Affidavit on July 12, because - some time had passed. I moved the dates of correction up a month to allow — the owners some time to take care of it and also to give them the thirty (30) days required, whenever there is a Violation of fence Case made. The second Certified mailed was returned back to me again unclaimed on July 20th of this year. On July 24th, the Notice of Code Violation that I had taped to the garage door, I noticed to be gone from the door. By the 23rd of this August, the whole house had been re- painted but more junk was piled inside a trailer on the property. There was some - looked like some old dressers were propped up in front of the fence so it was hard to see what was behind the fence, to see if he had made any repairs to the fence. The basketball goal was still in the right of -way at that time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 26, 2017 PAGE 4 OF 8 Henceforth, this Notice for this Hearing was mailed Certified to the owners on August 23rd of this year, it was also posted on the property and the bulletin board out front. August 29th of this year, the mailing for the Certified mailing for the Code Board Notice still sits at the Post Office Unclaimed, so I imagine I'll get it back anytime. As of September 22nd of this year, the junk and debris had all been piled in the back of a utility trailer on the side of the house. I'll show you that in a second, but it's still on the property, it hasn't been removed. The fence repairs have not been verified and the Violation resolved, however they were not done in that time period for Compliance. On September 25th of this year, I received my first and only correspondence from the owners via a voicemail he left me. I have not spoken with him, because essentially his voicemail was pretty much nothing more than wanting to debate the structure of how these boards are held and he wanted his Hearing in a different form. I wasn't about to call him back and engage him in that matter. I have not heard from him since. I went by this morning and the trailer that has all the junk and debris piled in the back of it, is still there, but now it's covered with a big blue trap. So as much as I would love to clear this Violation, I simply can't, because he still would appear to be storing the junk on the property, and the basketball [hoop] is still there." Photographs were shown from "WS -l" with additional comments. Captain Deisler concluded, "I recommend the property be found in Violation of the Cited Ordinances, given a Compliance date of October 10th of this year and a penalty of two hundred and fifty dollars ($250.00) a day if found in Non - Compliance." Vice - Chairperson Roero inquired about the location of the basketball hoop. Captain Deisler stated, "It's actually just adjacent to the mailbox, just next to it, but you can see it overhangs the public street." Additional comments followed. Chairperson Criswell then inquired about the fence and the slats of the fence. Captain Deisler answered, "There were a couple of slats that were broken in through here. You'll see there's a gap in the slat here where it was cracked, but for the most part, the boards were intact, they were just falling over." Further brief remarks followed. 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 10, 2017 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 26, 2017 PAGE50F8 VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE VICE - CHAIRPERSON ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA- NON - COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE #2016CE002276 Jorge Stewart 216 Albert Street Winter Springs, Florida 32708 City Code: 20- 438(a) Parking Vehicles In Residential Front Yards And On Sidewalks Prohibited. Inspector: Code Officer Terri Guerra This Case was introduced by Code Officer Terri Guerra, Code Enforcement Bureau, Police Department presented the Case information and testified, "This property was originally brought to the Board on June 27, 2017 for vehicles parked on the front yard. The property was found in Violation of City Ordinance 20- 438(a) and given until July 18, 2017 to comply with the Fine of fifty dollars ($50.00) per day. September 7, 2017 the Notice of Non - Compliance was posted at the property and City Hall. The Notice was also sent Certified and Fist Class to the owner of the property. On September 14, 2017, Jorge Stewart signed for the Notice." Photographs were shown from "WS -1" with additional comments. Finishing, Officer Guerra stated, "There has been no contact from the owner. It is requested that the Board's Order be recorded as a lien." Further comments on Fine accrual and the corrective action date. Note: The Respondent was not present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 26, 2017 PAGE 6 OF 8 "I MOVE TO FIND THE PROPERTY IN NON - COMPLIANCE THAT THE PENALTY SET FORTH IN THIS BOARD PREVIOUS ORDER- DATE WOULD BE JUNE 8TH' NOW THE DATE WOULD BE WHEN IT SHOULD BE IN COMPLIANCE? SENIOR CITY ATTORNEY NIX REPILPED, "IF YOU ARE GOING WITH THE BOARD'S PREVIOUS ORDER YOU JUST GO AHEAD AND GIVE THE DATE OF THE BOARD'S ORDER WHICH IS JUNE 27TH ". VICE - CHAIRPERSON ROERO CONTINUED, "JUNE 279 2017, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER". MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER POE. DISCUSSION. CHAIRPERSON CRISWELL ASKED, "ARE THOSE DATES CORRECT MS. NIX?" SENIOR CITY ATTORNEY NIX ANSWERED, "IT WAS JUNE 27TH BECAUSE THE BOARD ORDER IT, SAYS IT WAS SIGNED ON JULY 20TH, BUT IT'S NUNC PRO TUNC WHICH MEANS IT GOES BACK TO THE DATE THAT YOU ALL GAVE THE ORAL ORDER AT THE HEARING." BRIEF COMMENTS. VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER GILTZ: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED PUBLIC HEARINGS - NON - COMPLIANCE CASES 601. Code Enforcement Division — Police Department CASE #2016CE003032 Richard C. And Melissa A. Wells 702 Temple Way Winter Springs, Florida 32708 City Code: 20- 433(2) Disabled Vehicle Inspector: Code Officer Terri Guerra Code Officer Guerra presented This Case and testified, "This property was originally brought to the Board on June 27, 2017 for disabled vehicle in the backyard of the property. The property was found in Violation of City Ordinance 20- 433(2) and was given until July 18, 2017 to comply with a Fine of fifty dollars ($50.00) a day. To this date, the Violation has not been corrected. September 7, 2017, the Non - Compliance Notice was posted at the CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - SEPTEMBER 26, 2017 PAGE 7 OF 8 property and City Hall. The Notice was also sent Certified and First Class to the owner of the property." Photographs were shown from "WS -l" with additional comments. Code Officer Guerra concluded, "The property is still in Violation at this time. It is requested the Board's Order be recorded as a lien." Further comments on the photographs followed. Note: The Respondent was not present. "I MOVE TO FIND THIS PROPERTY IN NON - COMPLIANCE AND THAT THE PENALTY SET FORTH IN THIS BOARD PREVIOUS ORDER, DATE WOULD BE." SENIOR CITY ATTORNEY NIX ANSWERED, "JUNE 27, 2017." VICE - CHAIRPERSON ROERO CONTINUED, "JUNE 27, 2017 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE - CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 700. Not Used Brief comments followed on debris removal within the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — SEPTEMBER 26, 2017 PAGE 8 OF 8 ADJOURNMENT Chairperson Criswell adjourned the Regular Meeting at 6:00 p.m. RESPECTFULLY SUBMITTED: JESSICA WRIGHT- BURNHAM ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 1 2017 Code Enforcement Board Regular Meeting.