HomeMy WebLinkAbout2020 06 23 Code Enforcement Board Regular Meeting AgendaCODE ENFORCEMENT
REGULAR MEETING AGENDA
TUESDAY, JUNE 23, 2020 - 5:30 PM
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
1
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. Approval of Minutes from the Tuesday, May 26, 2020 Code Enforcement Board
Regular Meeting
Minutes
PUBLIC HEARINGS – CONTINUED CASES
300. Not Used
PUBLIC HEARINGS – REPEAT CASES
400. Not Used
PUBLIC HEARINGS – NEW CASES
500. Case# 2020CE000353
Michael Herringshaw
Monique Herringshaw
Denise Picou La Borde
815 Dyson Drive
Winter Springs, Florida 32708
WS City Ord. 20-452 Home Offices
WS City Ord. 20-434 Commercial Vehicles/Trailers
Related Case Information
501. Case# 2020CE000757
Nina V. Toomey
1104 O'Day Drive
Winter Springs, Florida 32708
WS City Ord 5-4 Removal of Tree without a Permit
Related Case Information
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502. Case# 2020CE000634
HPA Borrower 2017-1 LLC
Renter: Garrett Horrison
239 Oak Road
Winter Springs, Florida 32708
WS City Ord. 20-431 Storage of Boats
Related Case Information
503. Case# 2020CE000765
Santiago Ismael Borrero
421 Boxwood Circle
Winter Springs, Florida 32708
WS City Ord. 13-2 (b) Junk & Debris
WS City Ord. 13-2 (c) Grass Height/Overgrown Yard
IPMC 302.1 Sanitation
IPMC 304.15 Doors
Related Case Information
504. Case# 2019CE002736
Paul D. Seal
70 S Devon Ave.
Winter Springs, Florida 32708
WS City Ord. 20-431 RV's in Residential Area
Related Case Information
505. Case# 2020CE000633
Margaret R. Kline - Enhanced Life Estate
204 Mockingbird Lane
Winter Springs, Florida 32708
WS City Ord. 12-53 Abandon Vehicle
Related Case Information
506. Case# 2020CE000544
Christopher D. Bay - Tenants in Common: 50
James R. Bay - Tenants in Common: 50
111 N Alderwood Street
Winter Springs, Florida 32708
WS City Ord. 13-2 (c) Grass Height/Overgrown Yard
IPMC 304.2 Protective Treatment
IPMC 304.7 Roofs and Drainage
IPMC 304.11 Chimneys and Towers
IPMC 302.1 Sanitation
Related Case Information
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PUBLIC HEARINGS – NON-COMPLIANCE CASES
600. Case# 2019CE002874
Michael R. Blickenstaff
Per Rep For Est of Sara C. Tolar
707 Clubwood Court
Winter Springs, Florida 32708
WS City Ord. 6-195 Maintenance of Fence
WS City Ord. 13-1 General Prohibition
IPMC 304.13 Windows
Related Case Information
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.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD
REGULAR MEETING
MAY 26, 2020
CALL TO ORDER
Chairperson Matthew Criswell called the Regular Meeting of Tuesday,
May 26, 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 Colleen Murphy, 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, and Respondent Mr. Michael Herringshaw.
AWARDS AND PRESENTATIONS
100. Not Used
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 26, 2020 PAGE 2 OF 8 CONSENT AGENDA
200. Approval of Minutes from the Tuesday, February 25, 2020 Code Enforcement Board Regular Meeting
“I MOVE WE ACCEPT THE MINUTES.” MOTION BY BOARD MEMBER
ROBINSON. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION.
VOTE:
BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE
VICE-CHAIPERSON KAPROW: AYE
BOARD MEMBER ROBINSON: AYE BOARD MEMBER MURPHY: 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# 2020CE000427
Sarah L. Morrisey Edward L. Morrisey
William Morrisey
965 Sequoia Drive Winter Springs, Florida 32708
WS City Ord. 20-431 Boat in Residential Area Inspector: Captain M. Tracht
Note: The Respondent was not present.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 26, 2020 PAGE 3 OF 8 Captain Matthew Tracht testified, “Home owners are Mr. and Mrs.
Morrissey and the boat owner is Mr. William Morrisey…back on Sunday,
October 13 [2019] I received an anonymous complaint regarding this
property. That following Monday I did the inspection, observed a boat
and trailer to be in violation of our said Ordinance 20-431 that deals with
parking and storage or maintenance of certain vehicles in a residential
area.”
Captain Tracht showed photos from “Related Case Information.”
Continuing, Captain Tracht testified, “Notice of code violation was mailed
out, certified return receipt to the resident owner and the boat owner
with the correction date by March 7, 2020. On several times I have
spoken and met with William Morrisey, he is the boat owner, and a lot
has been met with false promises… As of today it still remains in violation,
it was set for Code Board back in March, and then April, those were
cancelled, we kept proper reposting, they would come back unclaimed
although I would still meet with William Morrisey. As of this morning, no
corrective action has been taken. I recommend you find the owner to be
in violation of said ordinance, recommend another fifteen days until
June 10 [2020] to comply, if not then a fine of two hundred and fifty
dollars ($250.00) per day be imposed.”
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE
AND ORDER THAT REPSPONDENT BE GIVEN UNTIL JUNE 10, 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: VICE CHAIRPERSON KAPROW: AYE
BOARD MEMBER GILTZ: AYE
BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS: AYE
BOARD MEMBER MURPHY: AYE
CHAIRPERSON CRISWELL: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 26, 2020 PAGE 4 OF 8 501. Code Enforcement Division – Police Department
Case # 2020CE000353 Michael Herringshaw
Monique Herringshaw
Denise Picou La Borde 815 Dyson Drive
Winter Springs, Florida 32708
WS City Ord. 20-439 Parking on Front Lawn
Inspector: Captain M. Tracht
Note: The Respondent was present.
Captain Tracht testified, “Originally the inspector was Code Officer
McLaren, he is not here right now so I have taken this case over. The past
several months numerous complaints have come in to Code
Enforcement regarding this property, specifically what would be
violation of parking on the grass or improper DPA (designated parking
areas). On February 7 [2020], Officer McLaren did an inspection and
found a parking issue to be in violation of our City Code. He mailed out
the notice of code violation, certified, return receipt in accordance with
statute.”
Captain Tracht reviewed Winter Springs City Ordinance 20-439 and
showed photos from “Related Case Information.”
Continuing, Captain Tracht testified, “I ask that you find the home owner
in violation of the current DPA ordinance. I ask that they remove the west
side of the mulch and re-sod that with grass…compliance date by June
26, that’s thirty (30) days, have it re-inspected for compliance and if he
fails to meet that, then a fine of two hundred and fifty dollars ($250.00) a
day be imposed until such compliance is met.”
Mr. Michael Herringshaw, 815 Dyson Drive, Winter Springs, Florida
testified, “In regards to all the vehicles, we moved to Winter Springs, and this house specifically, we are foster parents and have a very big family
by today’s standards with eight children. I have multiple teenagers who
drive, who also have multiple teenage friends who drive and pretty much
everyone drives a big truck. The vehicles collect quite rapidly. We own
seven or eight vehicles ourselves, just in our family, not to mention when
people start to come over, so parking does get tight. The original design
of the wood going around the property was a misunderstanding. Our
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 26, 2020 PAGE 5 OF 8 goal is to be compliant and to do as you ask in the timeframe that you
have asked. We have no issues with that.”
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE
AND ORDER THAT REPSPONDENT BE GIVEN UNTIL JUNE 26, 2020 TO CORRECT THE VIOLATION. IN THE EVENT THE 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 VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD
MEMBER MURPHY. DISCUSSION
VOTE:
CHAIRPERSON CRISWELL: AYE BOARD MEMBER BURNS: AYE
BOARD MEMBER MURPHY: AYE
BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE
VICE-CHAIPERSON KAPROW: AYE
MOTION CARRIED.
502. Code Enforcement Division – Police Department
Case# 2020CE000154
Dunmar Estates
Julie Lane, Winter Springs Florida 10.27 Acres
Royal Portfolio LLC
Parcel Number 11-21-30-3AG-126G-0000
Winter Springs, Florida 32708
WS City Ord. 13-2 (c) Grass Height/Overgrown Yard; 13-2 (b) Tree Trimmings/Yard Trash; 6-195 Maintenance of Walls/Fence; IPMC 302.7
Accessory Structures; IPMC 304.2 Protective Treatment
Inspector: Code Officer T. Guerra
Note: Respondent was not present.
Code Officer Terri Guerra testified, “On January 22, 2020 I received a
complaint from the HOA regarding the property and how it was in
disrepair. I went to the property and did have several violations that I saw.
On January 23, 2020 I sent a notice of code violation to the owner of the
property. On January 31, 2020 the USPS advised that it was delivered to
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 26, 2020 PAGE 6 OF 8
an individual. On May 11, 2020 a Code Board notice was posted at the
location and City Hall by Captain Tracht. I sent a certified first class letter
to the property owner also. On May 19, 2020 the USPS website showed a
code board letter that was delivered and accepted. On May 19, 2020, I
received a call from Mr. Eisman who is the representative of the property.
He requested that I send him pictures of the violations, which I did email
him. He also requested more time. I told him to get back to me with what
he needed. I did not hear back from him…he responded yesterday with a
request of six months.
Code Officer Guerra showed photos from “Related Case Information.”
Code Officer Guerra then testified, “I am recommending that the Board
find the property in violation and impose a fine of one hundred dollars
($100.00) a day if found in non-compliance. The owner should be given
until June 30, 2020. I suggested that day before he got back to me
because I hadn’t heard from him.”
The Board asked that the respondent’s email be entered into evidence.1
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 10, 2020 TO
CORRECT THE VIOLATION. IN THE EVENT 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
BURNS. DISCUSSION.
VOTE: BOARD MEMBER ROBINSON: AYE
BOARD MEMBER BURNS: AYE
VICE CHAIRPERSON KAPROW: AYE CHAIRPERSON CRISWELL: AYE
BOARD MEMBER GILTZ: AYE
BOARD MEMBER MURPHY: AYE MOTION CARRIED.
1 See email attached at the end of the minutes. 10
CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 26, 2020 PAGE 7 OF 8 PUBLIC HEARINGS AGENDA – NON-COMPLIANCE CASES
600. Code Enforcement Division – Police Department
Case # 2019CE002971 U.S. Department of Housing and Urban Development
120 North Fairfax Ave
Winter Springs, Florida 32078 IPMC 302.1 Sanitation
Ord. 9-374 House Numbers
Ord. 13-2c Overgrown Yard Ord. 13-2b Junk and Debris
Inspector: Code Officer T. Guerra
Note: Respondent was not present.
Code Officer Guerra introduced the case and showed photos from
“Related Case Information” showing that no corrective action was
taken. Code Officer Guerra testified, “In regards to this case, I
recommend the original order from the Board be imposed as a lien.”
“I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY
CODE AND THAT PENALITY SET FORTH IN THIS BOARD’S PREVIOUS
ORDER DATED FEBRUARY 25, 2020 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.”
MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD
MEMBER GILTZ. DISCUSSION.
VOTE:
VICE-CHAIPERSON KAPROW: AYE
BOARD MEMBER GILTZ: AYE
BOARD MEMBER MURPHY: AYE
BOARD MEMBER BURNS: AYE CHAIRPERSON CRISWELL: AYE
BOARD MEMBER ROBINSON: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – MAY 26, 2020 PAGE 8 OF 8 REGULAR AGENDA
700. Complaint No: 2020CE000757 Nina V. Toomey
1104 O’Day Drive
Winter Springs, Florida 32708 Request for Issuance of Subpoena
Senior City Attorney Jennifer Nix informed the Board about the
requested subpoena and recommended that the subpoena be issued.
Discussion followed on the present language in Code Board notices
and potential costs associated with the issuance of the subpoena.
“MOTION TO GRANT ISSUANCE OF SUBPOENA” MOTION BY BOARD
MEMBER MURPHY. SECONDED BY BOARD MEMBER BURNS. DISCUSSION.
VOTE:
BOARD MEMBER MURPHY: AYE
BOARD MEMBER BURNS: AYE CHAIRPERSON CRISWELL: AYE
VICE-CHAIPERSON KAPROW: AYE
BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE
MOTION CARRIED.
It was suggested that Staff review and potentially change the language
of Code Board notices.
ADJOURNMENT
Chairperson Matthew Criswell adjourned the Regular Meeting at 6:35
p.m.
RESPECTFULLY SUBMITTED:
_______________________________
CHRISTIAN GOWAN
INTERIM CITY CLERK
NOTE: These Minutes were approved at the ____________________________, 2020 Code Enforcement Board Regular Meeting.
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