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Home My WebLink About2020 05 26 Code Enforcement Board Regular Meeting MinutesCITY 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 Herringshow. AWARDS AND PRESENTATIONS 100. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -MAY 26, 2020 PAGE 2OF8 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 MOTIONCARRIED. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REG U LAR M EETI NG - MAY 26, 2020 PAGE 3OF8 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] 1 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 a rea." 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2020 PAGE 4OF8 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 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2020 PAGE 5OF8 goal is to be compliant and to do as you ask in the timeframe that you have asked. We have no issues with that." "1 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 1 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 1 sent a notice of code violation to the owner of the property. On January 31, 2020 the USPS advised that it was delivered to CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2020 PAGE 6OF8 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, 1 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. 1 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.' "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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2020 PAGE70F8 PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES 600. Code Enforcement Division - Police Department Case # 20..........__:::::...................... 19CE002971 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 26, 2020 PAGE 8OF8 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. Ra-'S�PECTi OLL.YSUBMITTED: CHRISTIAN GOWAN INTERIM CITY CLERK NOTE: These Minutes were approved at the June 23, 2020 Code Enforcement Board Regular Meeting. Terri Guerra From: Robert Eisman <REisman@unionfin.com> Sent: Monday, May 25, 2020 9:04 PM To: Terri Guerra Subject: Re: 545 Julie Avenue EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Hi Terri. Thank you so much for sending the photos of the property. As you know, we are an out of state owner and the pandemic is complicating matters for us. We intend to address the issues you have raised but ask for 6 months to do so. Can you please confirm that this is acceptable. Kind regards, Robert Eisman On behalf of Royals Portfolio, LLC c/o Union Financial Corporation 5510 Edson Lane Rockville, MD 20852 Cell: 202-256-1096 Off: 301-770-2490, ext 204 Fax: 301-770-2491 reisman@unionfin.com > On May 19, 2020, at 3:30 PM, Terri Guerra <tguerra@winterspringsfl.org> wrote: ><PD_56ac296e-b34d-4712-bbd0-526cl4dab3b.3.png> ><fb_32fe46fl-8d88-424f-baae-40298185fe7el.png> > <indeed_0334bl5a-4207-4d42-8852-cc5efc3b82941.png> ><yt_b30d2f30-a9ac-4365-9175-3ed9fc37922al.png> ><webiste_76aeb410-b15f-410c-bdfl-c4d0967e3a621.png> > <IMG 1818.JPG>