HomeMy WebLinkAbout2019 09 24 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING
SEPTEMBER 24, 2019
CALL TO ORDER
The Regular Meeting of Tuesday, September 24, 2019 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 Maurice Kaprow, present
Board Member Michael Burns, present
Board Member Carole Giltz, present
Board Member Dennis Robinson, present
Senior City Attorney Jennifer Nix, present
Assistant to the City Clerk Christian Gowan, present
Assistant to the City Clerk Tristin Motter, present
A moment of silence was held followed by the Pledge of Allegiance.
Chairperson Criswell asked, "Are there any changes to the Agenda?" Captain
Matt Tracht, Support Services Bureau, Police Department stated, "We do have
a last minute change. I'm requesting to remove Item '500' - I was notified that
my star witness, the City Arborist, had a family emergency and is not going to
be able to make it. So, I would like to remove that and I will post it for a future
meeting." With no objections, Chairperson Criswell stated, "'500' is pulled."
Assistant to the City Clerk Christian Gowan swore in those who would be
providing Testimony during tonight's Meeting, Captain Matt Trocht and
Respondent Mr. Torryn Alston.
AWARDS AND PRESENTATIONS
100. Not Used
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - SEPTEMBER 24,2019
PAGE 2OF6
CONSENT AGENDA
200. Minutes From The August 27, 2015 Code Enforcement Board Regular
Meeting
REGARDING THE AUGUST 27, 2015 CODE ENFORCEMENT BOARD REGULAR
MEETING MINUTES, "I WILL MAKE A MOTION TO APPROVE." MOTION BY
BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER GILTZ.
DISCUSSION.
VOTE:
VICE-CHAIPERSON KAPROW: AYE
BOARD MEMBER BURNS: AYE
BOARD MEMBER ROBINSON: AYE
BOARD MEMBER GILTZ: AYE
CHAIRPERSON CRISWELL: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGE - CONTINUED CASES
300. Not Used
PUBLIC HEARINGS AGENDA - REPEAT CASES
400. Not Used
PUBLIC HEARINGS AGENDA NEW CASES
500. Code Enforcement Division - Police Department
CASE # 2019CE002312
Michael Kahl
120 East Panama Road
Winter Springs, Florida 32708
City Code 5-4: Permit Required for Tree Removal and Land Clearing
Inspector: Captain Matt Tracht
As noted earlier in the Meeting, this Agenda Item was pulled from the Agenda.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING-SEPTEMBER 24,2019
PAGE 3 OF 6
501. Code Enforcement Division - Police Department
CASE # 2019CE001383
Kimberly Alston
650 Murphy Road
Winter Springs, Florida 32708
IPC 304.7: Roofs and Drainage
Inspector: Captain Matt Tracht
Note: Mr. Torryn Alston was present on behalf of the Respondent.
Captain Tracht introduced the Case and testified, "Back on May 31s' on patrol,
this was another one of those blue tarp violations. There was a blue tarp affixed
to this roof. IPMC [International Property Management Code] states that the
roof shall be sound, tight, not have any defects that admit rain. Notices of Code
Violation, two (2) of them, were mailed out, one (1) to the Winter Springs
address and one (1) to a Sanford address according to the Property Appraiser's
site with a correction date by August 24, 2019 which was eighty-five (85) days.
Both of those letters were returned to sender, back to me, unclaimed back on
July loth and 11th 2019."
Photographs were shown from "Related Case Information."
Continuing, Captain Tracht testified, "Notice of Code Board was sent certified,
return receipt, posted at the property and here at City Hall, both the Sanford
address and the Winter Springs address. And then additionally, a recent
address for the owner was changed on the Property Appraiser's site and that
was an Altamonte Springs address and was mailed there as well."
Next, related photographs were shown.
Captain Tracht stated, "My recommendation as of this date, obviously the tarp
is still in disarray, no work has been done. I recommend the homeowner be
found in Violation of IPMC 304.7 and given until November 23rd to come into
Compliance; if not then, a Fee of two hundred and fifty dollars ($250.00) per
day be applied."
Mr. Torryn Alston, 807 Campeflo Rood, Altamonte Springs, Florida: testified
that in May, his wife passed away and remarked, "I'm left with my kid, and my
other daughter - to pay a mortgage, water bill, light bill. Also got power at this
house to keep the inside from mildewing or whatever. I mow the yard - but
they want fifteen thousand for the roof.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
PEGULAPMEETING- SEPTEMBER 24,2019
PAGE 4 OF 6
1 mean, I'm doing what I can do to keep a roof over their head. I want to bring
this house up to par so I can rent it out. So, me and my kids are trying to come
up with a way. I can't get any help. It took me, to get through probate, almost
five thousand dollars ($5,000.00) and that put me behind on my mortgage.
Like I said, it's tough. I'm the only income, he is in high school, sixteen (16) years
old, it's tough."
Chairperson Criswell asked, "How long do you think it would take you to get
this in to shape so that you could rent it out?"
Mr. Alston replied, "I'm trying to get a loan out of my 401(k) to take care of it but
I'm not eligible yet to go into that. I also work for the City of Orlando - I don't
know. I don't want to put myself in a bind. I don't want tell you one thing and
then I fall short." Continuing, Mr. Alston added, "I don't know how long I would
need. Hopefully to have it by some time next year. Hopefully I can take my
Income Tax and - at least get a start on fixing the roof and trying to get it out
to rent."
Discussion followed on the appearance of the tarp, roof, and the possibility of
replacing the tarp.
Mr. Alston said, "The roof doesn't leak. It blew some tiles off." Continuing Mr.
Alston said the damage was sustained during Hurricane Irma and further
explained, "When my mother-in-law bought the house, the roof was already in
bad damage and when she passed away, my wife inherited the house."
Comments followed on roofing contractors, insurance; and why the
Respondent didn't have a roofer come out and patch the roof.
Mr.Alton responded, "The thing is,the finance problem. Like I said, I'm the only
one working." Continuing, Mr. Alston added, "Maybe even thinking about
taking a loan out on the house to bring it up to par and then rent it out and let
it pay for itself. There's a lot I'm thinking about - her last wish was don't sell the
house. I mean, tons of people call me and email me - about buying the house."
Mr. Alston then noted, "It was one of her wishes, 'Don't sell the house, leave it
to my kids' - so, I'm trying to honor that."
Captain Tracht conveyed his concerns to Mr. Alston and asked, "If the roof does
not leak and if you can remove the blue tarp, or the evidence of the blue tarp,
and make any repairs that may be necessary as a result of removing that, do
you think 180 days would give you enough time, with taxes and all?"
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING - SEPTEMBER 24,2019
PAGE 5 OF 6
Mr. Alston responded, "I could have my son-in-law get up there and try to
remove the tarp and perhaps - I may need a little longer."
Captain Tracht then said, "I would support an additional 180 days if that's the
case, if he can remove the tarp and bring the house back to its original
condition, roof-wise; I would support that; but, that is up to you."
Brief discussion followed on the suggested timeframe,to which Captain Tracht
said, 180 days from today," the current meeting date of September 24, 2019.
Vice-Chairperson Maurice Kaprow suggested, "Make it April 1St to make it six (6)
months from now." Brief comments followed on insurance.
"I MOVE TO FIND THE RESPONDENT IS IN VIOLATION OF THE CITY CODE
AND ORDER THAT THE RESPONDENT BE GIVEN UNTIL APRIL 1, 2020 TO
CORRECT THE VIOLATION. IN THE EVENT 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 VICE-CHAIRPERSON KAPROW.
SECONDED BY BOARD MEMBER BURNS. DISCUSSION.
VOTE:
BOARD MEMBER GILTZ: AYE
BOARD MEMBER ROBINSON: AYE
CHAIRPERSON CRISWELL: AYE
BOARD MEMBER BURNS: AYE
VICE-CHAI R PERSON KAPROW: AYE
MOTION CARRIED.
Further remarks followed to ensure that Mr. Alston understood that the
Violation must be addressed by April 1, 2020.
Chairperson Criswell summarized, "From now until April ls', you need to try to
get the affairs together to get over there, take the blue tarp off, patch it where
you can, and get the new roof put on. I think that is ample time. If you would
do me a favor and get back with Captain Tracht in thirty (30) days and let him
know where you are at, I would appreciate that and we will see if we can also
try to get you some help."
Senior City Attorney Jennifer Nix confirmed that the Respondent would get a
copy of the Board Order and asked him to confirm the address that should be
used.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING- SEPTEMBER 24,2019
PAGE 6 OF 6
Mr. Alston replied, "807 Campello Street, Altamonte Springs, Florida 32701."
PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES
600. Not Used
REGULAR AGENDA
® Not Used
Captain Tracht re-introduced Ms. Terri Guerra, Police Department to the Code
Enforcement Board and stated that he was happy to have more Staff to help
with Code Enforcement matters.
Vice-Chairperson Kaprow referenced past years when the Code Enforcement
Board did not meet in November and/or December due to holidays and asked
whether the Board wanted to address this now. Chairperson Criswell said he
was in agreement that if there were no Cases for November and December,
that the Code Enforcement Board did not need to meet. No objections were
voiced from other Board Members.
ADJOURNMENT
Chairperson Criswell adjourned the Regular Meeting at S:49 p.m.
RESPECTFULLY SUBMITTED:
CHRISTIAN G"')WANI
ASSISTANT TO THF CITY CLEW
NOTE: These Minutes were approved at the October 22,2019 Code Enforcement Board Regular Meeting.