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HomeMy WebLinkAbout2018 07 24 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 24, 2018 CALL 'TO ORDER The Regular Meeting of Tuesday, July 24, 201 8 of the Code Enforcement Board was called to Order by Chairperson Matthew Criswell at 5:30 p.m., in the Cast Training Room 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, absent [Excused] Board Member Suzanne Walker, present Senior City Attorney Jennifer Nix, present, Assistant to the City Clerk Antonia DeJesus, present Chairperson Criswell excused Board Member Dennis Robinson's absence. A moment of silence was held followed by the Pledge of Allegiance. Regarding changes to the Agenda, Captain Chris Deisler, Code Enforcement Bureau, Police Department indicated that Public Hearings Agenda Item "502" was pulled for administrative reasons. Further Captain Deisler suggested hearing the Cases in the order in which the Respondents arrived. Chairperson Criswell confirmed, "We'll hear '600' first, and then we'll move to '501' and we'll hear '500' at the end," Brief comments. Assistant to the City Clerk Antonia DeJesus swore in those who would be prol,iding Teslimoqy during), lonighls Meeting. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 24,; 018 PAGE 2 OF 8 CON SENT AGENDA CONSENT 200. Office of the City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve I I he June 26, 2018 Code Enforcement Board Regular Meeting Minutes. REFERRING TO THE MINUTES OF THE LAST MEETING, "RECOMMEND APPROVAL AS IT'S CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. voTE: CHAIRPERSON CRISWELL: AV ROA001) 111LH-LEV WALVEY: AV 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 - REPEATCASES WR 400. Not Used CITY OF WIN FR SPRINGS, FLORIDA MINUTES C.ODE ENFORCEMENTBOARD REGUI AR MEL"FING - JULY 24, 2018 PAGE 3 of *e,e AGENDA NOTE: PUBLICHEARINCIFS AGENDA ITEM "600" WAS HEARD FIRST,THEN "501", THEN "50091, ASNOTED UNDER AGENDA CHANGES; THE AGENDA CONTINUES AS NORMAL AFTER.4- 1 1,IC - UBLIC HEARINGS AGENDA — NON-COMPLIANCE CASES PUBLIC HEARINCS AGENDA - NON-COMPLIANCE CASES 600. Code Enforcement Division — Police Department CASE #2018CE000072 Irma Rodriguez 11.0 North Devon Avenue Winter Springs, Florida 32708 City Code: 13-2.(b)dunk And Debris/Yard Waste Inspector: Captain Chris Deisler — ------ . . ........... . . . ............ Captain Chris Deisler introduced the Case and testified, "This Case was brought to the Board May 22 ... 1 of this year - there were sections of` dead tree trunk and articles of` trash scattered on the property, the area in question is specifically in the back yard - near the fence. At that time, this Board found the property in Violation and you all provided the owner of ecord until June 266 h Of tj_IiS year to come into Compliance." With additional comments, Captain Deisler continued, "This has not happened -- other than right now we've not had contact with the owner. On June 25"' of this year, the Notice of Non -Compliance Hearing was mailed Certified; it was received by the owner of record on June 28"'. Based upon the Board's Order, a Fine of one hundred dollars ($100.00) per day applies in this Case." Photographs shown from "WS -l" followed by comments, Concluding, Captain Deisler stated, "I recommend the property be found in Non - Compliance and Fines assessed accordingly to the terms of your Order." Ms. Irma Rodrizniez, owner of, 110 North Devon. Aveinw, [Vinter SI -wings, Florida.: recounted recent troubles with tenants at the property and commented on the condition of the roof, Chairperson Criswell noted that the Violation was only in reference to articles of debris in the yard. Ms, Rodriquez explained that she was in the process of trying to get someone to help her remove it. Discussion followed on the previous Board's Order, the debris, the address on record, and Ms, Rodriguez's solution for the debris. CITYOF WINTER SPRINGS, FLORIDA M IN L)TES CODF.: ENFORCEMENT BOARD REGULAR MEETING -- JULY 24, 20I8 PAGE 4 OF 8 Alote: The Respondent ivas present. ,,I movETO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND THE PENALTIES SET FORTH IN THE BOARD'S PREVIOUS ORDER DATED MAY 22, 2018 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEM13ER KAPROW. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER POE: AYE Brief comments followed. Ilia I I'm" 0— WITIUMMT111" PUBLIC HEARINGS - NEW CASES 501. Code Enforcement Division — Police Department CASE #2018CE001083 11 and M.Realty Investments, LLC 913 Puma Trail Winter Springs, Florida 32708 City Code: 13-2.(b) Junk And Debris City Code: 13-2.(c) Grass Height/Overgrown Yard City Code: 6-195. - Maintenance Of Fences Or Walls. Ili C: 304.2 Protective Treatment. IPMC: 304.1.3 Window, Skylight And Door Frames. Inspector: Code Officer Rich McLaren Code Officer Rich McLaren, Code Enforcement Bureau, Police Department, presented the Case and testified, "The Case started on May 30, 2018; the grass was overgrown and a large pile of construction debris in the driveway area of the property, A. written warning was left at the residence. On lune 7"', a re -inspection Was done; Violations still persisted, other Violations noted as fence was in disrepair, window oil the side of the residence that has a piece of plywood covering the opening and there is a piece of metal flashing missing from the front of the residence, The Notice of Code Violation was posted and mailed Certified Return Receipt requested. C HY OF WINTER SPRINGS, FLORIDA MINLYIES CODE ENFORCEMENTBOARD RI3GL. LAR MEETING JULY 24, 2018 PAGE s OF 8 A request was made to !Annan Landscaping, to remedy the grass as it posed a hazard to the surrounding; area; however it was mowed before they arrived. On July 10, 2018, the Violations still not remedied. The Notice of Code Board Hearing was posted at the residence, availed by first Class Mail and Certified Return. Receipt, As of today, no contact has been made with any party reference to the Violations." Though Code Officer McLaren commented on the Respondent present. Photographs were shown from "WS -1" with additional remarks. Code Officer McLaren stated. "I recommend the property be found in Violation of ordinances as cited and the owner given until august 17, 2018 to come into Compliance. If not, a fine of two hundred and fifty dollars ($250.00) a clay be imposed." Mr. Michael Moradia:n, 347 Streanrview Way, Winter Springs, Florida: explained that he just purchased the home that was in foreclosure and indicated that lie had been out of the country tending to an uncle that was not well, Mr. Moradian indicated, "Now I've learned exactly what I have to take care and I plan on doing so as quickly as possible." Discussion followed on the corrective action date. Note.- The .I espontlent vi,,as prc ase n.t, "I MOVE — TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND UNDER THAI' THEY BE UNTIL. AUGUST31s" — TO CORRECT THE VIOLATION. IN THE EVENTTHE RESPONDENTFAILS TO comPLY WITH I IIS DATE, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A. DAY SHALL BE IMPOSED FOR EACH AY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBERALa E . SECONDED NDEI BY BOARDMEMBER POE. DISCUSSION. CARRIED.BOARD MEMBER POE: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAPROW: AY MOTION CITY OF WINTER SPRINGS, FLORIDA MINUTTS CODE ENFORCE NIENTBOARD RL.'GULAR MEETING --JULY24,2018 PAGE 60F8 PUBLIC' HEARINGS — NEW CASES 500. Code Enforcement Division – Police Department CASE #2018CE000769 DHRUV 2, LLC 531 East State Road 434 Winter Springs, Florida 32708 City Code: 16-59.(d) Maintenance Of Signs IP C;: 304.2 Protective Treatment. I11 MC"® 304.6 Exterior Walls. IPM(.": 304.13 Window, Skylight And Door Frames. Inspector: Captain Chris Deisler — — - — -- — - Captain Deisler gave an overview of the Case and noted that Staff` would not be pursuing a Violation for Section 304.13 Window, Skylight and Door Frarnes, of the International Property Maintenance Code. Continuing, Captain Deisler testified, "On May 91h Of this year, several Violations of code were noticed on this parcel, mostly stemming fi-oll'i property maintenance issues and lack Of upkeep." Related, Captain Deisler commented On the state ofthe shopping plaza and continued, "The exterior of the building has faded or peeling paint - the entire building needs to be repainted to allow the materials below proper sealing from the elements. There are sections of exterior wall that are left uncovered and bare, particularly in places where there used to be window A/C units. There are two (2) old monument style signs out front in disrepair; one is damaged and faded, you may have seen the one with the white planter it has bricks around it - the area reflects the Old business name underneath since the paint is faded. Neither of those signs are kept to code standards. Based upon these Violations, the Notice of Code Violation was prepared and mailed to the owner and registered agent of the LLC, Both were signed for on June 8"' of 2018. Since the Violations remained uncorrected - Code Board Hearing letter which was also mailed to the registered agent and the owner. Both were signed for on June 28, 201& The Violations remained uncorrected." Captain Deisler recounted an interaction with owner of the property on July 13, 2018 and noted, "Based on the scope ofthe work that lie needed to do, contractors and so forth – we agreed to a ninety (90) day time Compliance based on the outcome of this hearing and also based upon the fact that lie told me lie was going to start making some very basic repairs shortly after we spoke," Captain Deisler indicated, "To this date that has not happened," Photographs shown from "WS -1" followed by comments. (1 VY OF WINIET SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 24, 2018 PAGE: 7 of S Finishing, Captain Deisler stated, "Lased on these facts, I reconalrlend the properly be found in Violation and the owner be afforded until. September 25 - to come into Compliance. If found in subsequent Non -Compliance, a. Fine of two hundred and -fifty dollars ($250.00) per day be imposed." Discussion followed tail the ninety (90) day timeline, Captain Deisler"s interaction with the Respondent, the Respondent's plans for the property, and settling an appropriate corrective action date, Note: The Respondent ivas not present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER, THAT THE RESPONDENT BE GIVEN UNTIL SEPTEMBER 251", 2018 TO CORRECT TIDE VIOLATION. IN THE EVEN ' TLIE RESPONDENT FAILS TO COMPLY WITH THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250900) PER DAY SHALL BE IMPOSED FOR EACH _ DAY THE VIOLATION CONTINUES THEREAFTER." OTION BY BOARD MEMBER E4 SECONDED BY BOARD MEMBERKAPROW. VOTE: BOARDE E G LST : AYE CHAIRPERSON C: IS ELL : AYE BOARD MEMBERP AYE BOARDE E POE: AYE BOARD MEMBER AIS E ® AVE MOTION N CA. IED. PUBLIC HEARINGS - NEW CASES 502. Code Enforcement Division -- Police Department CASE #2018CE000879 Thomas W. Thiebauth 732 South Ed emon Avenue Winter Springs, Florida 32708 City ode: 20-413. — Animals. InsDectore Code Officer Rich McLaren This Case was not heard as stated earlier ill the nleetin ;. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 24,2018 PAGE 8 OF 8 REGULAR 700. Not Used Captain Deisler commented on staffing changes within the Code Enforcement Bureau and introduced Captain Matthew Tracht as he would be taking over the Bureau. Additionally, Captain Deisler spoke favorably of his time spent working in Code Enforcement and looked forward to returning to the Operations Bureau. "I WOULD MOVE THAT THIS BOARD THANK CAPTAIN DEISLER FOR HIS MANY YEARS OF SERVICE TO THE CODE ENFORCEMENT BOARD AND CERTAINLY WISH HIM WELL IN HIS NEW ROLE AS THE ICAPTAIN] OF THE OPERATIONS BUREAU." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. • jj�!I�gq q I I I I k1i Lastly, Chairperson Criswell excused Vice -Chairperson Gregg Rocro's absence. Chairperson Criswell adjourned the Regular Meeting at 6:17 p.m. R ESI "L C7 FULLY SUBMITTED: ANTONIA DEJffStJS,// ASSISTANT TO THE C QTY CLERK NOTE: These Minutes were approved at the Tuesday, September 25,2018 Code Ent"orcernent, Board Regular Meeting,