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HomeMy WebLinkAbout2020 02 25 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 25, 2020 CALL TO ORDER Chairperson Matthew Criswell called the Regular Meeting of Tuesday, February 25, 2020 of the Code Enforcement Board to Order 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 Interim City Clerk Christian Gowan, present A moment of silence was held followed by the Pledge of Allegiance. No changes were made to the agenda Interim City Clerk Christian Gowan swore in those who would be providing Testimony during tonight's Meeting, Captain Matt Tracht, Code Officer Terri Guerra, Code Officer R. McLaren, and Respondent REGULAR AGENDA - PART 1 700. Election for Chairperson of the Code Enforcement Board for Calendar Year 2020 Chairperson Criswell opened nominations for Chairperson of the Code Enforcement Board for the calendar year 2020. "I NOMINATE MR. CRISWELL." NOMINATE MADE BY BOARD MEMBER CAROLE GILTZ. SECONDED BY VICE-CHAIRPERSON MAURICE KAPROW. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 2 OF 10 VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE VICE-CHAIPERSON KAPROW: AYE MOTION CARRIED. MATTHEW CRISWELL WAS ELECTED AS THE CHAIRPERSON 701. Election for Vice-Chairperson of the Code Enforcement Board for Calendar Year 2020 Chairperson Criswell opened nominations for Vice- Chairperson of the Code Enforcement Board for the calendar year 2020. "I NOMINATE MR. KAPROW AS VICE-CHAIRMEN." NOMINATION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER BURNS. VOTE: CHAIRPERSON CRISWELL: AYE VICE-CHAIPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS: AYE MOTION CARRIED. MAURICE KAPROW WAS ELECTED AS THE VICE-CHAIRPERSON AWARDS AND PRESENTATIONS 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 3OF10 CONSENT AGENDA 200. Approval of Minutes from the Tuesday, November 26,2019 Code Enforcement Board Regular Meeting "I MOVE WE ACCEPT THE MINUTES." MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE VICE-CHAIPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS: 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 #2019CE002971 HUD 120 N Fairfax Avenue Winter Springs, Florida 32708 WS City Ord. 13-2 (c) Grass Height/Overgrown Yard WS City Ord. 13-2 (b) Junk and Debris WS City Ord. 9-374 House/Building Numbers IPMC 302.1 Sanitation Inspector: Code Officer T. Guerra Note: The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 4OF10 Code Officer Terri Guerra introduced the case and testified, "November 7, 2019 1 noticed this residence in disrepair. Grass and weeds were over grown, bushes were growing on the roof, black growth was on the front of the residence, trash was in the front yard, and there was no house numbers.The residence appears to be vacant, I sent NTV to the owner of the property on November 121h, 2019. United Stated Postal Service website advised the letter was delivered to an agent. On February loth, 2020 1 posted the property and City Hall for Code Board, I also since a Notice Certified and First Class to the owner. On February 18th, 2020 1 checked the property and the grass had been cut and most of the garbage had been picked up;there is still black growth on the outside of the residence and the address was not properly displayed. There has been no contact from the owner at this time." Code Office Guerra reference to photos shown in "Related Case Information" of the residence when it was first inspected. Code Office Guerra recommended that the Code Board find the property in violation and impose a fine of a hundred ($100.00) dollars a day the property is in non-compliance.The owner was given until March 18, 2020 to comply. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL MARCH 18, 2020 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: VICE CHAIRPERSON KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS:AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 5 O F 10 501. Code Enforcement Division - Police Department CASE #2019CE002874 Michael R. Blickerstaff Per Rep for Est of Sara C Tolar 707 Clubwood Court Winter Springs, Florida 32708 WS City Ord. 13-1 General Prohibition WS City Ord. 6-195 Maintenance of Fence or Walls IPMC 304.13 Windows Inspector: Code Officer R. McLaren Note: Respondent was not present. Code Officer Rich McLaren introduced the case and testified, "On October 315t, 2019 1 received a complaint from a neighbor who stated the grass of the vacant residence, particularly the rear, was over grown. Inspection of property did find such a condition did existed. Also, observed a broken window near the garage area and the fence was in disrepair. The notice of code violation was mailed certified mail return receipt requested, which was returned unclaimed and posted at the residence. February 12th, 2020 the property was set of Code Board, notice set out first class mail, certified return receipt requested as well as property and City Hall posted." Code Officer Rich McLaren reference to photos shown in "Related Case Information" of the residence when it was first inspected. Code Officer Rich McLaren recommended that the property be found in violation and impose a fine of two hundred and fifty dollars ($250.00) a day the property is in non-compliance.The owner was given until March 15, 2020 to comply. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL MARCH 15, 2020 TO CORRECT THE VIOLATION. IN THE EVENTTHE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDERED AND FIFTY DOLLARS ($250.00) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER RODINSON. DISCUSSION FOLLOWED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 6OF10 BOARD MEMBER GILTZ AMENDED MOTION WITH, "I WILL AMEND THE DATE OF THE MOTION TO REFLECT APRIL 261h 2020 AS THE DATE BY WHICH THEY HAVE TO COMPLY." BOARD MEMBER RODINSON SECONDED. VOTE: CHAIRPERSON MATTHEW CRISWELL: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE VICE-CHAIPERSON KAPROW: AYE MOTION CARRIED., 502. Code Enforcement Division - Police Department CASE # 2019CE003162 Chi T K Thai -Tenancy by Entirety Quang Huynh -Tenancy by Entirety 219 Bennett Street Winter Springs, Florida 32708 WS City Ord. 20-411 Trailers in a residential area Inspector: Code Officer R. McLaren Note: Respondent was present. Code Officer McLaren introduced and testified, "December 11, 2019, complaint was received in reference to a boat trailer being stored in the front yard of the residence. Notice of Code violation was mailed certified mail return receipt requested to the property owner, returned as unclaimed on January 21, 2020 and posted to the property.The property and City Hall were posted for Code Board hearing on February 12, 2020. Notices were also mailed out certified mail return receipt requested and First Class mail. There has been no contact made with anyone in reference to this case till today.The violation in question still remains the same till today. I recommend the property be found in violation one City Ordinance; be given till March 15th to come into compliance or a fine of a hundred and fifty dollars ($150.00) a day be applied. Quang Hyunh, 279 Bennett Street, Winter Springs, FL 32708 testified, "the problem is I just moving [into] this house, probably about three (3) months; I'm still working on it. So, the first time I saw the note on any car and any boat, tried to hurry up to move because in my house family member there is five to six members. So, each member has each car. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 7OF10 So, the property don't have the space to park the car on it that is why I park on the grass and the boat just an old one. I don't know where parking, I put all the way at the corner and got a sticker [Notice], so I moved the boat onto the driveway from the side of the house. I still don't know where to put the boat right now." Discussion ensured and Attorney Jennifer Nix clarified for the respondent the boat needed to be in a backyard, side yard, garage, or a car port; it has to be behind the front of the house. Suggestion of alternative storage were also stated. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 15,2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS: AYE VICE CHAIRPERSON KAPROW: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ:AYE MOTION CARRIED., 503. Code Enforcement Division - Police Department CASE # 2020CE000282 Reality Income Properties 250 W SR 434 Winter Springs, Florida 32708 WS City Ord.13-2 (c) Unsafe/Unsanitary Conditions;19-155 Installation,Testing and Maintenance of backflow prevention devices; IPMC 504.3 Plumbing System Hazards Inspector: Code Officer R. McLaren Note: Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 8OF10 Code Officer McLaren introduced and testified "On January 30, 2020, we got a compliant in reference to the back flow prevention device in the rear of the property is leaking, spraying water all over the surrounding area and sidewalk. The notice of Code violation was posted at the business and mailed certified mail return receipt requested to the property owner. As of the date of February 12, 2020 the condition still persisted so the property and City Hall were both posted for Code Board hearing and the notices were mailed out certified mail return receipt requested. No contact has been made with anyone in reference to this case." Code Officer Rich McLaren reference to photos shown in "Related Case Information" of the property showing the water leak. The recommendation for this property was, "that they be found in violation of the Ordinances sited and be given till March 15, 2020 to come into compliance if not a two hundred and fifty dollar ($250.00) a day fine be applied." Discussion ensued on safety, responsibility, and communication with owners. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL MARCH 15, 2020 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS 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 BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BOARD MEMBER BURNS: AYE VICE-CHAIPERSON KAPROW: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEB RUARY 25,2020 PAGE 9OF10 PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES 600. Code Enforcement Division - Police Department CASE # 2019CE001240 Irma Correa - Heir C/O Nathan Hunnicutt 518 San Gabriel Court Winter Springs, Florida 32708-2509 IPMC 304.7 Roofs and Drainage Inspector: Captain M. Tracht Note: Respondent was not present. Captain Mathew Tracht presented and testified, "-Back in May 14, 2019 this address was sent a Notice of Code violation for the blue tarps, it had a correction date of July 16, 2019 and that owner failed to meet that deadline. August 27th is when you heard - my testimony regarding this case and you found them to be violation of 304.7. Code Board set a compliance date order of October 26, 2019, that day has come and past with no work or compliance being met. Board set an amount of two hundred and fifty dollar ($250.00) per day the violation exists. Notice of this non-compliance hearing was sent certified mailing return receipt, left a copy at the residence, sent via regular mail as well, posted at City Hall and an affidavit of posting was completed.These notices had been returned unclaimed." Captain Mathew Tracht reference to photos shown in "Related Case Information" of the residence with the blue tarp remaining still on the roof. Captain Mathew Tracht recommendation was, "That the [Board] find the owner in non-compliance with the Code Board's August 27, 2019 signed order and that a fine of two hundred and fifty dollars ($250.00) per day be imposed starting from that October 26, 2019 date." "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND THAT PENALITY SET FORTH IN THIS BOARD'S PERVIOUS CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 25,2020 PAGE 10OF10 ORDER DATED AUGUST 27, 2019 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE-CHAIPERSON KAPROW. DISCUSSION. VOTE: VICE-CHAIPERSON KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. REGULAR AGENDA - PART II 702. Not Used ADJOURNMENT Chairperson Matthew Criswell adjourned the Regular Meeting at 6:09 p.m. RESPECTFULLY SUBMITTED: CHRISTiAN COWAN INTERiNi`CITi CLERK NOTE: These Minutes were approved at the May 26,2020 Code Enforcement Board Regular Meeting.