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HomeMy WebLinkAbout2019 01 22 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FI,ORfDA MINUTES CODEENFORCEMENT` BOARD REGULAR MEETING 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. all Call: Chairperson Matthew Criswell, present Vice-Chairperson Gregg R.oero, 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 '1503" would also be pulled due to Compliance. Assistant to the City Clerk Antonia DeJesus swore in those who would be providing Testhnony during,tonight's Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- JANUARY 22,2019 PAGE 2 OF 8 REGULAR AGENDA - PART I 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. "HAVING SAT ON THIS BOARD FOR A COUPLE OF YEARS, WITH THE LEADERSHIP THAT YOU'VE PROVIDED US, I WOULD LIKE TO LEAVE YOUR NAME IN NOMINATION FOR CHAIRMAN FOR THIS UPCOMING YEAR." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER POE: AYE CHAIRPERSON CRISWELL: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KAP W: AYE MOTION CARRIED. 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 THAT KEEPS GREG ROERO IN THAT POSITION — HE'S FILLED IN FOR [CHAIRPERSON CRISWELL] ONCE OR TWICE AND DID A GOOD JOB, SO I WOULD LIKE TO KEEP HIM ON FOR ANOTHER YEAR." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER POE. VICE-CHAIRPERSON ROERO SAID HE WOULD BE WILLING TO LET SOMEONE ELSE HAVE A TURN IF THEY WERE INTERESTED. NO OBJECTIONS OR OTHER NOMINATIONS WERE MADE. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER PGE: AYE BOARD MEMBER KAPROW: AY E CHAIRPERSON CRISWELL: AYE VICE-CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORC:E;NIENT BOARD REGULAR MEETING-JANUARY 22,2019 FACE 3 OF 8 INFORMATIONAL AGENDA INFORMATIONAL 100. Not:Used. CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office Of The City Clerk Requests The Code e nforce ent Board Review And Approve The October 23, 2018. Code Enforcement Board Regular Meeting Minutes. "RECOMMEND APPROVAL, AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD EMB ER ROERO. DISCUSSION. VOTE- CHAIRPERSON HAIRPERSON CRISWELL: AYE BOARDMEMBER INS N: AYE BOARD MEMBER GILT7a AYE VICE-CHAIRPERSON : AYE BARD MEMBER POE: AYE BOARDE E AP ® AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CAS PUBLIC HEARINGS-CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - . 4 S PUBLIC HEARINGS-REPEAT CASES 400. Not Used CITY Or WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JANUARY 22,20I9 PAGE 4 OF 8 PUBLIC HEARINGS AGENDA - NEW CASES 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 IF C;: 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 trom 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. ci'ry OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING--JANUARY 22,2019 PAGE 5 OF 8 .1 recommend the property be found in Violation of City Ordinances, as cited, and 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 Lien 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, "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND SINCE ]T'SAN UNCORRECTABLE VIOLATION I ORDER THAT BE FINED FIVE THOUSAND DOLLARS ($5,000.00) FOR THIS UNCORRECTABLE VIOLATION." MOTION BY BOARD MEMBER KAPROW. SECONDED BY BOARD MEMBER POE. BRIEF COMMENTS FOLLOWED ON THE BOARD ORDER BEING ENTERED AS A LIEN. SENIOR CITY ATTORNEY NIX EXPANDED ON THE CODE SECTIONS RELATED TO UNCORRECTABLE VIOLATIONS AND REMINDED THE BOARD MEMBERS OF THE THREE (3) FACTORS WHEN DETERMINING THE FINE. DISCUSSION FOLLOWED ON THE TERM"UNCORRECTABLE VIOLATION", PREVIOUS VIOLATIONS, AND THE BURDEN OF PROOF RELATED TO THE VIOLATION. VOTE: BOARD MEMBER KAPROW: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON ROERO: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA M IN LJTES CODE ENFORCEMENT BOARD REGULAR MEETING-JANUARY 22,20I9 PAGE 6 OF 8 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 IPC: 302.1 Sanitation. IPMC: 302.7 Accessory Structures. IP C: 303.2 Enclosures. IP C: 304.2 Protective Treatment. IPMC: 304.6 Exterior Walls. IPMC: 304.7 Roofs And. Drainage. Inspector: Code Officer Rich M.cLaren ........... This Case was not heard, PUBLICHEARINGS-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 UP 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 performed 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING--JANIJARY22,20(9 PACT 7OF8 On December 12, 2018, as per Permitting [staffl, no pen-nit 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/retuni receipt requested/first class mail, and no contact has been made with any party reference to this Violation." Photographs were shown from "WS-I" 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 on the fence panels,permit requirements, the source of the complaint regarding the Violation, and the unknown status if a pool was on the property. Nate: The ResI)ondent was notpresent. VICE-CHAIRPERSON ROERO BEGAN, "I MOVE TO FIND THE RESPONDENT' IN VIOLATION OF THE CITY CODE AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL..." CHAIRPERSON CRISWELL STATED, "FEBRUARY 15TH IS WHAT THEY'RE..." VICE-CHAIRPERSON ROERO CONTINUED 61FEBRUARY 15711 TO CORRECT THE VIOLATION IN THE EVENT THE RESPONDENT FAILS TO COMPLY TO THIS DATE A FINE — AM UNTO AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER.„ VICE-CHAIRPERSON ROERO NOTED THAT A RESPONDENT WAS NOT PRESENT. BOARD MEMBER GILTZ MENTIONED, "WAS THE FINE TWO HUNDRED FIFTY DOLLARS ($250.00)? THAT SEEMS KIND OF HIGH." BOARD MEMBER ROBINSON REMARKED, "FIFTY JDOLLARSJ ($50.00)." NO OBJECTIONS WERE NOTED. VICE-CHAIRPERSON ROERO CONFIRMED, "FIFTY DOLLARS ($50.00).'9 MOTION BY VICE-CHAIRPERSON ROERO. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER POE: AYE VICE-CHAIRPERSON ROERO: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA 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 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. ADJOURNMENT Chairperson Criswell adjourned the Regular Meeting at 5:58 p.m. RESPEC7?','(,TL)'SUBMITTED: A_k-T6N4 GSL S'';� CT(TY C RK NOTE: These Minutes were approved at the Tuesday,January 22,2019 Code Enforcement Board Regular Meeting.