HomeMy WebLinkAbout2019 11 26 Code Enforcement Board Regular Meeting Agenda
C O D E E N F O R C E M E N T B O A R D |R E G U L A R M E E T I N G |T U E S D A Y , N O V E M B E R 2 6 , 2 0 1 9 | P A G E 1 OF 2
CODE ENFORCEMENT BOARD
REGULAR MEETING AGENDA
TUESDAY, NOVEMBER 26, 2019 AT 5:30 PM
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
CALL TO ORDER
Roll Call
Invocation
Pledge Of Allegiance
Approval Of The Agenda
Swearing In Of Code Enforcement Officers And Other Individuals Giving Testimony
AWARDS AND PRESENTATIONS
100. Not Used
CONSENT AGENDA
200. Minutes From The October 22, 2019 Code Enforcement Board Regular Meeting
Attachments: Minutes
PUBLIC HEARINGS – CONTINUED CASES
300. Not Used
PUBLIC HEARINGS – REPEAT CASES
400. Not Used
PUBLIC HEARINGS – NEW CASES
500. CASE # 2019CE002029
David A. Gabbai Irrevocable Family Trust
214 Wade Street
Winter Springs, Florida 32708
IPMC 304.7 Roofs And Drainage
Inspector: Captain Matt Tracht
Attachments: Related Case Information
C O D E E N F O R C E M E N T B O A R D |R E G U L A R M E E T I N G |T U E S D A Y , N O V E M B E R 2 6 , 2 0 1 9 | P A G E 2 OF 2
501. CASE # 2019CE002418
Edward And Kimberly Layton
223 Mockingbird Lane
Winter Springs, Florida 32708
WS City Ord. 20-439 Parking Areas On Residential Lots
WS City Ord. 20-433 Disabled Vehicles
Inspector: Code Officer Terri Guerra
Attachments: Related Case Information
502. CASE # 2019CE002565
James E. Lawrence – Trustee
111 Lori Anne Lane
Winter Springs, Florida 32708
IPMC 304.6 Exterior Walls
Inspector: Code Officer Terri Guerra
Attachments: Related Case Information
PUBLIC HEARINGS – NON-COMPLIANCE CASES
600. Not Used
REGULAR AGENDA
700. Not Used
ADJOURNMENT
PUBLIC NOTICE
This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please
be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be
in attendance at this Meeting, and may participate in discussions.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a
physically handicapped person to attend the meeting, directed to the chairperson or director of such
board, commission, agency, or authority" - per Section 286.26 Florida Statutes.
“If a person decides to appeal any decision made by the board, agency, or commission with respect to
any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and
that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based” - per Section
286.0105 Florida Statutes.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING
OCTOBER 22, 2019
CALL TO ORDER
The Regular Meeting of Tuesday, October 22, 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.
No changes were made to the Agenda.
Assistant to the City Clerk Christian Gowan swore in those who would be
providing Testimony during tonight’s Meeting, Captain Matt Tracht and
Respondents Colleen and Michael Kahl.
AWARDS AND PRESENTATIONS AGENDA
100. Not Used
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – OCTOBER 22, 2019
PAGE 2 OF 8
CONSENT AGENDA
200. Minutes From The September 24, 2019 Code Enforcement Board
Regular Meeting
REGARDING THE SEPTEMBER 24, 2019 CODE ENFORCEMENT BOARD
REGULAR MEETING MINUTES, “I WOULD LIKE TO MAKE A MOTION TO
ACCEPT THE MINUTES.” MOTION BY BOARD MEMBER BURNS. SECONDED
BY BOARD MEMBER GILTZ. DISCUSSION.
VOTE:
BOARD MEMBER ROBINSON: AYE
BOARD MEMBER GILTZ: AYE
BOARD MEMBER BURNS: AYE
VICE-CHAIPERSON KAPROW: AYE
CHAIRPERSON CRISWELL: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA – 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
Note: The Respondent was present.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – OCTOBER 22, 2019
PAGE 3 OF 8
Captain Matthew Tracht, Support Services Bureau, Police Department
introduced the Case and testified, “Late afternoon on Friday September 6th, I
received a voicemail call from Kevin Maddox who is the City of Winter Springs’
Arborist stating that he was working a complaint that came into him about
several trees that were being cut down at this residence on Panama.
I spoke with Kevin (Maddox, Landscape Manager, Urban Beautification
Division, IT & Administrative Services Department) on the phone Monday
morning, he stated that he was on scene, he observed a company called “Big
Mike’s Tree Service” cleaning up from a job. The trees had already been
removed. At that – time he was unsure of how many trees had been cut down,
how big they were. Our Ordinance specifies caliper inch and stuff like that. We
weren’t able to determine any of that. Kevin did provide some photos that he
took, when he was out there Friday.
Later that Monday afternoon Kevin came to my office in which time I received
a call from Big Mike’s Tree Service which was Mike. That was a speakerphone
call, in my office just me, Kevin, and Mike on the phone and Mike stated that
three (3) pines were cut, two (2) dead trees, and five to six (5 - 6) oak trees were
cut down. We asked questions, if he invoiced the owner so we’d have some
type of record. He said he did not, that the owner did pay by credit card. We
asked if Mike was a Certified Arborist and he has stated he is not.”
Photographs were shown from “Related Case Information” with brief
comments.
Continuing, Captain Tracht testified, “Through the investigation we started a
Case, we found out that previous Permits had been pulled by this address, by
this owner – three (3) of them in 2017 and one (1) in 2018 with this specific
information on each Permit. One (1) tree, six (6) trees, fifteen (15) and then
remove selected trees in the back.”
Additional photographs from “Related Case Information” were then shown
with further remarks.
Captain Tracht testified, “So, as of this presentation, so far no documentation
has been received from an Arborist from the International Society of
Arboriculture or Florida Licensed Landscaping Architect stating that the trees
presented a danger to property or persons. Nothing exists to my knowledge.
Nothing was presented to myself or to the Arborist at all.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – OCTOBER 22, 2019
PAGE 4 OF 8
Basically, City Code 5-18. deals with the enforcement part - the removal or
death of a tree in violation of this chapter shall be deemed irreparable or
irreversible. The trees are gone, obviously we can’t put them back. Like I said
before, we don’t know the size of the trees, we don’t know what the type of the
trees are. We just have Big Mike’s testimony off a cell phone.”
Captain Tracht then addressed enforcement penalties and stated, “Typically
our City Ordinance states a Fine of two hundred and fifty dollars ($250.00) per
tree or five hundred dollars ($500.00) per specimen, not to exceed five
thousand dollars ($5,000.00). That is for failure to obtain a Permit. A Permit
check was done; no Permit was pulled for this job. A removal of a tree without
a Permit is fifty dollars ($50) per caliper inch; like I said before, we don’t know
the size of these trees.
There are two (2) separate Violations, not pulling the Permit and then if we
were to be able to see what was left of the tree and take those measurements,
those Fines would be added as well. So, I recommend that we find the
homeowner in Violation of City Ordinance 5-4.; for the irreparable or
irreversible violation of eight to eleven (8 - 11) trees based on Big Mike’s
testimony. And, my recommendation to you on this one is you follow the
guidelines set forth in City Code 5-18.”
Captain Tracht entered “WS-1 Supplemental Information” into the Record.
Remarks continued.
Ms. Colleen Kahl, 120 East Panama Road, Winter Springs, Florida: testified, “As
you know we recently removed a grouping of trees that were in front of our
house and we would like to address why. Labor Day weekend this year was an
extremely anxious time for most residents throughout Florida; Dorian a
category five (5), at the time, hurricane, winds destroying the Bahamas and
heading in our direction. We were preparing for the storm as all others were;
trying to find water on the shelves and gas for generators and vehicles was
increasingly harder.
We had many provisions and prepared the very best we could for a very
unstable and needless to say, scary storm approaching. Even the experienced
weathermen and women couldn’t accurately predict what to expect but told
us to prepare accordingly. Businesses shut down, schools were closed, and
even town offices; so we knew this was a truly serious and potentially life
threating storm.”
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – OCTOBER 22, 2019
PAGE 5 OF 8
Ms. Kahl continued, “We had witnessed firsthand the destruction of trees on
our property and power outages that hit us hard through Hurricane Irma and
feared worse this time around. We spent weeks repairing Irma’s damage of
fallen trees and still have some that are leaning and uprooting from that storm.
The trees that concerned us the most however were hovering directly over our
house were undoubtedly in question.
Specifically, we pointed out seven (7) trees in total that were a concern to us.
Two (2) leaning over the power lines in front of our house, which we had
pointed out - and five (5) directly on top of the front of our home. We had a
tree company tell us that ‘There are no Permits needed right now’ and that if
there were any trees that concerned us, we would be able to remove them
with no issues; also indicated in Mr. Maddox’s report as being said directly to
him by the same tree company. We were even told that the Governor of
Florida had suspended Tree Permits. We were fed bad information and much
to our detriment, we believed them and we’re here.
We are law abiding residents who have obtained Permits in the past for tree
removal, paid the Fees, and even replanted trees on our property, as Mr.
Maddox had pointed out in his report and supplied detailed information when
we pulled the Permits, when we were inspected, and when they were closed;
further verifying that we abide by the rules set forth by Winter Springs every
time in the past. Never once did we want to go against the grain, or break any
rules disrespectfully, or be on bad terms with our town.”
With further comments, Ms. Kahl concluded her testimony saying, “We weren’t
trying to blackout our property or take advantage in any way. We focused
solely on the trees that would have caused a catastrophe to our home and our
safety. There are a few discrepancies with the report that I would like to
address; he said he was on the scene Friday, September 6th and twenty (20)
minutes prior, he received a call anonymously that the trees were being
removed on that day which wasn’t true. Though the dates may not be much
of a concern to some, they definitely are to us. We are making sure the
committee knows that this was done prior to, not after, the Hurricane.
Seeing previously that we had removed a tree Sunday, previous to the day, on
the first, due to the storm. He indicated on his report that he did not know the
exact number of trees and also reports unknown how many caliper inches are
the trees, yet we have a handwritten note that he says they were fifty (50)
caliper. I don’t know how that can be so after the trees and stumps had been
carefully removed.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – OCTOBER 22, 2019
PAGE 6 OF 8
I could understand if the stumps were still there, basic measurement could
have been taken but that wasn’t the case. This seems to be a ventured guess
at best, in my opinion. We look forward to working with the town in the future
and want to continue with what we feel has been a good reputation and
proceed in that manner always. We look forward to being actively involved
with the town and also obtaining good and correct information pertaining to
all aspects moving forward.”
Further comments continued.
In reference to the Respondent’s testimony that the Contractor said no Permit
was necessary, Board Member Dennis Robinson asked, “Did you ever follow-
up and check-up on this with the City to see if that was true or did you just
accept his word for that?”
Mr. Michael Kahl, 120 East Panama Road, Winter Springs, Florida: presented
documents identified as “WS-2 News Stories” and “WS-3 City Website” for the
Record, and said that he looked up information on the City website and on
some news sites. Mr. Kahl further spoke of his personal concerns and efforts.
Mr. Maddox relayed his encounter with the Contractor, Big Mike’s Tree Service
and also offered clarification on the previously mentioned “hand written note”
to which he stated that it referred to “fifty dollars ($50.00) per caliper inch”.
Discussion ensued on tree measurements, possible ways to determine a tree
size, and potential problems these trees may have caused.
Chairperson Criswell stated, “I should probably make some full disclosure. I
have known Mike for thirty-nine (39) years.” Chairperson Criswell added, “I have
not spoken to him about this.”
Discussion then followed on the timing and status of the removal, information
and research options, City-approved companies, the importance of trees in the
City, and the possibility of a credit system for homeowners.
Senior City Attorney Jennifer Nix addressed Chairperson Criswell for the
Record and stated, “Since this is a Quasi-Judicial Hearing, and Mr. Chair, since
you knew Mr. Mike Juan and he has done work at your home, or somewhere
for you - will you be biased in making your decision by that fact?” Chairperson
Criswell responded, “No, because it doesn’t have anything to do with Mr. Juan.”
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – OCTOBER 22, 2019
PAGE 7 OF 8
Attorney Nix then referred to the document identified as “WS-2 News Stories”
and mentioned it did not accurately describe the referenced Florida Statutes.
Comments continued on area cities, legal requirements, and tree credits.
Attorney Nix stated, “As far as the penalties that are being requested, that are
applicable to this matter – in 5-18.(b)(1) and (2) are what Captain Tracht is asking
for about the penalties, and that’s what are imposed - when 5-4. is addressed.
The point being those penalties address failure to obtain a Permit under 5-4.(a),
is a Fine of two hundred and fifty dollars ($250.00) per tree or five hundred
dollars ($500.00) per specimen or historic tree removed, not to exceed five
thousand dollars ($5,000.00). For the Board’s information, I don’t believe we’ve
heard any testimony that any of the trees were necessarily specimen or
historic.
And then with (b), the removal of a tree without a Permit, and it being a Fine
of essentially fifty dollars ($50.00) per caliper inch not to exceed five thousand
dollars ($5,000.00).”
Attorney Nix referred to the testimony that had been offered and reminded
the Board Members, “The Board has to base its decision on competent and
substantial evidence.”
Much discussion ensued on an appropriate Fine.
“I MOVE TO FIND RESPONDENT IN VIOLATION OF CITY CODE AND,
BECAUSE IT IS AN IRREPLACABLE OR UNCORRECTABLE VIOLATION, THAT
THE RESPONDENTS BE FINED THE AMOUNT OF ONE THOUSAND SEVEN
HUNDRED AND FIFTY DOLLARS ($1,750.00) IN ACCORDANCE WITH THE
CITY ORDINANCE.” MOTION BY VICE-CHAIRPERSON KAPROW.
SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION.
VOTE:
CHAIRPERSON CRISWELL: AYE
VICE-CHAIRPERSON KAPROW: AYE
BOARD MEMBER GILTZ: AYE
BOARD MEMBER ROBINSON: AYE
BOARD MEMBER BURNS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CODE ENFORCEMENT BOARD
REGULAR MEETING – OCTOBER 22, 2019
PAGE 8 OF 8
PUBLIC HEARINGS AGENDA – NON-COMPLIANCE CASES
600. Not Used
REGULAR AGENDA
700. Not Used
In other Board related business, Comments followed on a possible November
meeting. Chairperson Criswell said, “I am in town.” A quorum was then
addressed to which Board Member Carole Giltz remarked, “I should be here.”
Vice-Chairperson Maurice Kaprow added, “I will be here.” Concluding the brief
discussion, Chairperson Criswell confirmed, “I think the 26th, if everybody is fine
with it.” No objections were voiced.
ADJOURNMENT
Chairperson Criswell adjourned the Regular Meeting at 6:44 p.m.
RESPECTFULLY SUBMITTED:
_______________________________
TRISTIN MOTTER
ASSISTANT TO THE CITY CLERK
NOTE: These Minutes were approved at the ____________________________, 2019 Code Enforcement Board Regular
Meeting.
SIVEAtts WINTER SPRINGS POLICE DEPARTMENT 44101TEQss,
POLICE CODE ENFORCEMENT DIVISION
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300 North Moss Road -Winter Springs, FL 32708 9• 59
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August 5, 2019
GABBAI A DAVID GABBAI A DAVID
214 WADE ST 401 COUNTRY CLUB DR
WINTER SPRINGS FL 32708 WINTER PARK, FL 32789-2903
Case#: 2019CE002029
Service Address: 214 WADE STREET, WINTER SPRINGS, FL 32708
NOTICE OF CODE VIOLATIONS
The above mentioned property has been inspected on the dates below. Please note the following violations:
Inspector Date
Capt. M.Tracht August 5,2019
The cited violations are as follows:
Violation Description Comments/Corrections Needed
IPMC 304.7(Roof)Roof in need of repair.Covered by insufficient blue tarps for
an extended period of time.
Failure to correct the violation(s)and to notify the Winter Springs Code Enforcement Division of the corrections will result in
charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy
fines up to$250.00 per day for first offenses or up to$500.00 for repeat offenses per day that the violation remains. Please
note the date to have the cited violations corrected:
Corrective Action Comments Due Date
Notice of Code Violation Letter See specific correction comments provided. October 4,2019
Municipal Codes Code Text
International Property Management Code 304.7 Roofs and drainage.The roof and flashing shall be sound,tight and not have
304.7 defects that admit rain.Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure.Roof drains,gutters
and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance
Professionally,
7111(Z.---
Capt. M.Tracht
Certified Mailing Numbers: 7018 0680 0002 2899 6633/7018 0680 0002 2899 6640
State of Florida Accredited Agency
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GABBAI A DAVID GABBAI A DAVID
214 WADE ST 401 COUNTRY CLUB DR
WINTER SPRINGS FL 32708 WINTER PARK, FL 32789-2903
Case#: 2019CE002029
Service Address: 214 WADE STREET, WINTER SPRINGS, FL 32708
NOTICE OF CODE VIOLATIONS
The above mentioned property has been inspected on the dates below. Please note the following violations:
Inspector Date
Capt. M.Tracht August 5,2019
The cited violations are as follows:
Violation Description Comments/Corrections Needed
IPMC 304.7(Roof)Roof in need of repair.Covered by insufficient blue tarps for
an extended period of time.
Failure to correct the violation(s)and to notify the Winter Springs Code Enforcement Division of the corrections will result in
charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy
fines up to$250.00 per day for first offenses or up to$500.00 for repeat offenses per day that the violation remains. Please
note the date to have the cited violations corrected:
Corrective Action Comments Due Date
Notice of Code Violation Letter See specific correction comments provided. October 4,2019
Municipal Codes Code Text
International Property Management Code 304.7 Roofs and drainage.The roof and flashing shall be sound,tight and not have
304.7 defects that admit rain.Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. Roof drains,gutters
and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance
Professionally,
Capt. M. Tracht
Certified Mailing Numbers: 7018 0680 0002 2899 6633/7018 0680 0002 2899 6640
State of Florida Accredited Agency
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Code Enforcement Division
Case: 2019CE002029
Address: 214 Wade Street
Mailing Address: 401 Country Club Dr. WP
Owners: David Gabbai
Violations: International Property Management Code
(IPMC) 304.7-Roofs and Drainage
Inspector: Captain M. Tracht
•On August 5,2019 while on patrol I observed weathered
blue tarps affixed to the roof of this residence.
•IPMC states that the roof shall be sound,tight,and not
have defects that admit rain.
•NCV mailed with a correct by date of October 4,2019 (60
days)
Code Enforcement Division
•NCV Letter was mailed to both Wade Street
WS & Country Club WP.
•WS & WP-NCV were returned back to
sender unclaimed
•Set for CB, letter was mailed/posted at
residence/CH
•WS –returned to sender unclaimed, WP as
of 10/31/19 a notice was left by USPO as no
authorized recipient was available.
•As of 11/14/19, violation still exists.
Recommendation
•I recommend the owner be held in violation
of IPMC 304.7 and be given until January
12, 2020 to come into compliance, if not a
fine of $250.00 per day be applied.
Code Enforcement Division
2019CE002418
223 Mockingbird Lane
Edward & Kimberly Layton
Violation: WS City Ord. 20-439 Parking
areas on residential lots
WS City Ord. 20-433 Disabled Vehicles
Date of Service: November 5, 2019
Inspector –Terri Guerra
Code Enforcement Division
•On September 19. 2019 I observed numerous vehicles that
appeared to be disabled parked in the rear of the yard.
•Notice of code violation was sent to owner of property.
The notice was signed for on September 23, 2019 by
Edward Layton.
•Violations were not corrected by allotted time property
was set for Code Board hearing.
Code Enforcement Division
•Code Board notice was sent certified and first class mail.
Property and City Hall were also posted on November 5,
2019.
•USPS attempted to deliver notice as well on November 7,
2019. There was no authorized recipient available.
•There has been no contact from the owner to this point.
Right side of the residence.
Closer look at right side. Dead leaves are all over
the windshield of blue vehicle.
Left side of the property.
Code Enforcement Division
My recommendation is the owner be given until January 2,
2020 to correct the violation.If violation has not been corrected
a 50.00 a day fine should be imposed until rectified.
Code Enforcement Division
2019CE002565
111 Lori Anne Ln.
James E Lawrence-Trustee
Violation: IPMC 304.6 Exterior Walls
Date of Service: November 5, 2019
Inspector –Terri Guerra
Code Enforcement Division
•October 2, 2019 I observed the wood on the gable area of
the building rotting.
•On October 2, 2019 I mailed out Notice of Code Violation
to owner of the property. October 5, 2019 the notice was
signed for.
•November 5, 2019 I sent a certified and first class letter to
the owner regarding Code Board hearing. I also posted
Code Board notice at City Hall and the property on the
same date.
Code Enforcement Division
•November 6, 2019 E Rivera signed for the Code Board
Notice.
•There has been no contact from the owner at this time.
Left side of the property.
Right side of the property.
Code Enforcement Division
My recommendation is that the owner of the property be
given until January 2, 2020 to correct the violation. If not
corrected in that amount of time a 50.00 a day fine will be
imposed on the owner until violation is corrected.