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HomeMy WebLinkAbout2019 02 26 Consent 200 Unapproved Minutes from the January 22, 2019 Regular MeetingCODE ENFORCEMENT BOARD AGENDA ITEM ITEM 200 February 2019 Regular Meeting REQUEST: Informational Consent X Public Hearings Regular The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The Tuesday, January 22, 2019 Code Enforcement Board Regular Meeting Minutes. ATTACHMENT(S): A. Unapproved Copy Of The Tuesday, January 22, 2019 Code Enforcement Board Regular Meeting Minutes (8 Pages) The Regular Meeting of Tuesday, January 22, 2019 of the Code Enforcement Board was called to Order by Chairperson Matt 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 Rocro, present Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Bill Poe, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present, Assistant to the City Clerk Antonia DeJesus, present A moment of silence was followed by the Pledge of Allegiance. Captain Matt Tracht, Code Enforcement Bureau, Police Department, took a moment to welcome the Board Members back and wished everyone a Happy New Year. As for any changes to the Agenda, Captain Tracht indicated that PUBLIC HEARINGS — NEW CASES "500" would be pulled from the Agenda as the property had come into Compliance. Additionally, Code Officer Rich McLaren noted that PUBLIC HEARINGS — NEW CASES "502" and PUBLIC HEARINGS — NEW CASES "503" would also be pulled due to Compliance. Assistant to the City Clerk Antonia DcJesus swore in those who would be proi,iding Testimony during tonight's Meeting. CITY OF WINTER SPRINGS, FLORIDA ti MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING 406 alXll JANUARY 22, 2019 CALL TO ORDER The Regular Meeting of Tuesday, January 22, 2019 of the Code Enforcement Board was called to Order by Chairperson Matt 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 Rocro, present Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Bill Poe, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present, Assistant to the City Clerk Antonia DeJesus, present A moment of silence was followed by the Pledge of Allegiance. Captain Matt Tracht, Code Enforcement Bureau, Police Department, took a moment to welcome the Board Members back and wished everyone a Happy New Year. As for any changes to the Agenda, Captain Tracht indicated that PUBLIC HEARINGS — NEW CASES "500" would be pulled from the Agenda as the property had come into Compliance. Additionally, Code Officer Rich McLaren noted that PUBLIC HEARINGS — NEW CASES "502" and PUBLIC HEARINGS — NEW CASES "503" would also be pulled due to Compliance. Assistant to the City Clerk Antonia DcJesus swore in those who would be proi,iding Testimony during tonight's Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CGDE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 22, 2019 PAGE 2 OF 8 REGULAR 700. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Chairperson For Calendar Year 2019. BOARD"HAVING SAT ON THIS FOR A COUPLEOF LEADERSHIP PROVIDED ! r LIKE TO LEAV MOTIONYOUR NAME IN NOMINATION FOR CHAIRMAN FOR THIS UPCOMIN41 BY BOARD MEMBER POE. SECONDED BY BOAR MEMBER GILTZ. DISCUSSION. BOARD POE: AYE CHAIRPERSON ►, a,!CRISWELL: AYE VICE-CHAIRPERSONr ! • # BOARDBOARD MEMBER ROBINSON: AYE MEMBER GtLTZ: AYE BOARD :KAPROW: AYE MOTION . rr Ir REGULAR 701. Office Of The City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Hold An Election For The Position Of Vice -Chairperson For Calendar Year 2019. "I'D LIKE TO MAKE A MOTION !#> IN TAA -T POSITION — HE'S FILLED IN FOR ICHAIRPERSON CRISWELL] ONCE OR TWICE 1 /;1 A GOOD JOB,! I WOULD LIKE TO KEEP HIM ON ! ANOTHER , MOTION BOARD BY '!•'r MEMBER POE. BOARD MEMBER GILTZ: AYE BOARD 1 r POE: AYE BOARD MEMBER KAPROW: AYE CHAIRPERSON CRISWELL: AYE VICE -CHAIRPERSON r ! r ! BOARD : ' ROBINSON: MOTION rr 1, CONSENT 200. Office of the City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The October 23, 2018 Code Enforcement Board Regular Meeting Minutes. VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE VICE -CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS - REPEAT CASES 400. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR M FETING - JANUARY 22, 2019 PAGE 3 OF 8 INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used RE CONSENT 200. Office of the City Clerk The Office Of The City Clerk Requests The Code Enforcement Board Review And Approve The October 23, 2018 Code Enforcement Board Regular Meeting Minutes. VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE VICE -CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS - REPEAT CASES 400. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 22, 2019 PAGE 4 OF 8 PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2018CE002588 Wenfred A. And Glenda F. Miller 361 Riunite Circle Winter Springs, Florida 32708 IPMC: 304.6 Exterior Walls. Inspector: Captain Matt Tracht This Case was not heard. PUBLIC HEARINGS- NEW CASES 501. Code Enforcement Division — Police Department CASE #2018CE003164 Debra And Gregory Malenchek 618 Locust Court Winter Springs, Florida 32708 City Code: 19-302. - Tampering With City Utility System. Inspector: Code Officer Rich McLaren Code Officer McLaren, introduced the Case and testified, "On December 12, 2018, 1 was notified via email from Mike Maximenko, the Utility Billing Manager for the City of Winter Springs — a situation related to tampering with a city utility meter. The email stated that the resident at 618 Locust Court had not paid their utility bill, and on December 5, 2018 the water was shut off due to such. A lock was placed on the meter to prevent the water service from being turned back on until such payment was received. Approximately a week later, it was noticed that the residence was still consuming water, and when they investigated it, it was discovered that the lock was cut off and water service was turned back on." While submitting evidence, Code Officer McLaren stated, "This action was not performed by any authorized city personnel, and to reflect that, I have the statement form that Mr. Maximenko filled out and the prosecution release, as such. Mr. Maximenko did file a criminal offence report with the Police Department, providing a statement and a prosecution release." Code Officer McLaren continued, "City utility staff did place another lock on the water meter which was subsequently also cut off. In accordance with City Ordinance 2-60, subsection (c), the Violation constitutes an uncorrectable Violation and the residence and City Hall were posted with Notices mailed out for a Code Board Hearing, certified/return receipt requested — there has been no contact with the resident, at all in reference to this. Nom, CITY OF WINTER SPRINGS, FLORIDA MINUTES1 CODE ENFORCEMENT BOARD REGULAR MEETING- JANUARY 22, 2019 PAGE 5 OFR I recommend the property be found in Violation of City Ordinances, as cited, and i i ri1 accordance with City Ordinance 2-63, subsection (b), the property be Fined the maximum ., amount allotted for Violations which are considered to be uncorrectable which is five � thousand dollars ($.5,000.00) and I'll amend this to also have that Fine be placed as a Hen ,x on the property." Discussion followed on the $5,000.00 Fine, the uncorrectable nature of the Violation, potential future proceedings, that the Violation constitutes a misdemeanor, that the Fine covers both instances of the lock being removed from the meter, that the Respondents currently lived on the property, and the type of locks used on the meter. Note: The Respondent was not present. MOVE TO FIND RESPONDENT IN VIOLATION OF 1 ANSINCE IT'S AN UNCORRECTABLE VIOLATION I I r THOUSANDFIVE 1! r FOR !• VIOLATION." MOTION BY BOARD MEMBER KAPROW.• BOARD 1 i r POE. BOARD ; • OF • FACTORS DETEI?LMINING THE FINE. 1 �,•• .; PREVIOUS VIOLATIONS, AND THE BURDEN OF PROOF RELATED TO THE VIOLATION. BOARD r'! 'KAPROW: AYE BOARD MEMBER POE: AYE VICE -CHAIRPERSON r ! r ! CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE IAOARD MEMBER ROBINSON: AYE MOTION . • . 1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 22, 2019 PAGE 6 OF PUBLIC HEARINGS -NEW CASES 502. Code Enforcement Division — Police Department CASE #2018CE002294 Georgeanne Vessels 682 Silver Creek Drive Winter Springs, Florida 32708 City Code: 13-2.(c) Unsafe/Unsanitary Condition City Code: 13-2.(e) Stagnant Pool IPMC: 302.1 Sanitation. IPMC: 302.7 Accessory Structures. IPMC: 303.2 Enclosures. IPMC: 304.2 Protective Treatment. IPMC: 304.6 Exterior Walls. IPMC: 304.7 Roofs And Drainage. Inspector: Code Officer Rich McLaren This Case was not heard. PUBLIC HEARINGS- NEW CASES 503. Code Enforcement Division — Police Department CASE #2018CE0021 11 Trudy R. And Robert W.Maerz 631 Ryan Court Winter Springs, Florida 32708 City Code: 6-195. - Maintenance Of Fences Or Walls. Inspector: Code Officer Rich McLaren This Case was not heard. PUBLIC HEARINGS - NEW CASES 504. Code Enforcement Division — Police Department CASE #2018CE00002867 Cerberus SFR Holdings 11 LP 1013 Taproot Drive Winter Springs, Florida 32708 City Code: 6-186. - Permit Required. (Fence) Inspector: Code Officer Rich McLaren Code Officer McLaren presented the Case and testified, "On November 8, 2018,1 received a complaint from Community Development [Department] reference to a fence installed and no permit showing on file. I perfon-ned an inspection of the property and found the new fence panels — can be observed that have been installed on the left and right side of the residence. The Notice of Code Violation was prepared, mailed certified/return receipt requested, and also posted at the residence showing that it was a rental property. ZZ CITY OF WINTER SPRINGS, FLORIDA MINUTES Masncy CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 22, 2019 PAGE 7 OF 8 On December 1.2, 2018, as per Permitting [staff], no permit was showing on file or even had been applied for. The property and City Hall were posted for Code Board Hearing; , Notices were also mailed out first class certified/return receipt requested/first class ).nail, �r EES and no contact has been made with any party reference to this Violation." Photographs were shown from "WS -1" followed by brief remarks. Concluding, Code Officer McLaren stated, "I recommend the property be found in Violation of City Ordinances, as cited, and be given until February 15, 2019 to come into Compliance or a Fine of fifty dollars ($50.00) per day be applied." Comments ensued oil the fence panels, permit requirements, the source of the complaint regarding the Violation, and the unknown status if a pool was on the property. Note: The Respondent was not present. r ►: � r , r � /' WI '1 r �' 1 r � � • . r VICE -CHAIRPERSON ROERO NOTED THAT A RESPONDENT 1 - �7 111 . 1II so ILI ILI owl t,1 i BOARD MEMBER ROBINSON REMARKED, "FIFTY 1 0 OBJECTIONS i 1. VICE -CHAIRPERSON .O 'O I1 MOTION BY VICE-CHAIRPERSONROERO. SECONDED BY BOARD MEMBER DISCUSSION. CHAIRPERSONBOARD MEMBER ROBINSON: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD 1 i. POE: AYE VICE-CHAI• r R ROERO: AYE MOTION • 1, CITY OF WINTER SPRINGS, FLORIDA nNUMNUAM, MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 22, 2019 PAGE 8 OF 8 PUBLIC HEARINGS AGENDA — NON-COMPLIANCE CASES PUBLIC HEARINGS AGENDA — NON-COMPLIANCE CASES 600. Not Used OIMPXUI,1�1, REGULAR AGENDA — PART 11 REGULAR 702. Not Used Board Member Bill Poe expressed his pleasure having served the City on both the Code Enforcement Board and in other capacities. Explaining a personal family issue, Board Member Poe indicated, "I'm going to have to resign my seat on this chair because I don't believe I will be able to give it adequate time, and I appreciate the City allowing me to do this, but at this time and point I don't believe I'm going to be able to meet that capacity — this will have to be my last meeting." In response, Chairperson Criswell offered sincere gratitude on behalf of the Code Enforcement Board, the City of Winter Springs, and Seminole County and noted, "I think a life of civil service has been given from you and you've given back more than you've taken. We appreciate it." Brief discussion followed on the meeting time. Chairperson Criswell adjourned the Regular Meeting at 5:58 p.m. RESPECTFULLY SUBMITTED: ANTONIA DEJESUS ASSISTANT TO THE CITY CLERK NOTE: Tliese Minutes were approved at the 2019 Code Enforcement Board Regular Meeting.