Loading...
HomeMy WebLinkAbout2020 06 23 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING J U N E 23, 2020 CALL TO ORDER Chairperson Matthew Criswell called the Regular Meeting of Tuesday, June 23, 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. Item 501 and SOS were pulled from the agenda by Captain Tracht. 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 Respondents. AWARDS AND PRESENTATIONS 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-DUNE 23,2020 PAGE 2OF11 CONSENT AGENDA 200. Approval of Minutes from the Tuesday, May 26, 2020 Code Enforcement Board Regular Meeting "I MOVE WE ACCEPT THE MINUTES." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: CHAIRPERSON CRISWELL: AYE VICE-CHAIPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER MURPHY: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER GILTZ: 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# 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 Note: The Respondent was present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-DUNE 23,2020 PAGE 3OF11 Captain Tracht reviewed the case and testified, "Several months this has been going on, we've been receiving complaints about commercial vehicles and trailers that are being used and stored at this property. Come to find out these are being used under the Lawntastic Landscaping Company owned/operated by Michael C. I have been out there and witnessed said violations..." Showed photos from "Related Case Information." Continuing, Captain Tracht testified, "On the morning of May 27 1 observed this truck and this trailer as well as several employees loading up for the day. My recommendation is to find them in violation of the City ordinances 20-452, Home Office. Yes,you can have a home office in your residence, but you cannot have employees come to your home office. You cannot store your equipment at your residence. It is to run the administrative function only...Ask that you relocate business equipment and personnel off property to a properly zoned commercial property... Restore the second driveway on east side of the driveway to its original appearance. My suggestion is that the business vehicles and trailers should be off the residential property within ten days that would be July 4, 2020. Restore the east side driveway within 45 days. That would be August 7, 2020. If the homeowner fails that would be a daily fine of five hundred dollars ($500), a fine for each violation." Mr. Michael Herringshow, 875 Dyson Drive, Winter Springs Florida testified, "We are guilty of all we've been charged with.The owner of this business is an 18-year old boy who started this when he was 12. 1 am not asking for a pass. My son is 18 and not in a position to move/relocate in 10 days...Ever since we have moved in to Winter Springs we have been a circus sideshow. I am sick of people standing outside my house taking photos. My request is to give us time. I would like one year to get them off the property permanently and to find some commercial space.There is no way he will be able to find a property to put his stuff somewhere else...We own nine (9) vehicles at our house. The trailers will be moving, the vehicles will not." Discussion followed. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL JULY 24, 2020 TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-DUNE 23,2020 PAGE 4OF11 AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BURNS. 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. 501. Code Enforcement Division - Police Department Case# 2020CE000757 Nina V.Toomey 1104 O'Day Drive Winter Springs, Florida 32708 WS City Ord 5-4 Removal of Tree without a Permit *ITEM 501 WAS PULLED FROM THE AGENDA* 502. Code Enforcement Division - Police Department Case# 2020CE000634 HPA Borrower 2017-1 LLC Renter: Garrett Morrison 239 Oak Road Winter Springs, Florida 32708 WS City Ord. 20-431 Storage of Boats Note: Respondent was not present. Captain Tracht introduced and testified, "Back in March Officer McLaren initiated a code violation for the boats located on this property. The location of boats were in violation of City Ordinance, notice of code violation was mailed. Within the guidelines of the Florida State Statue with the correction date of April 1, 2020. The owner and renter was notified of the Code Board [meeting] on May 27, 2020 and as of now the violation still remains.We have been in contact with the renter via phone and he is aware of what he has to do tocorrect the violation." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 23,2020 PAGE 5OF11 Photos were shown from "Related Case Information." Captain Tracht continued, "I ask that you find the house owner or renter in violation of City Ordinance 20-431 1 would give them ten (10) days from today to fix it, that would be July 3'd to have their boat relocated or pushed back. If he remains in violation, I am recommending a fine of two hundred and fifty dollars ($250.00) per day until compliance is met." Senior City Attorney Jennifer Nix clarified the order would need to go to the respondent only and not the renter. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 3, 2020 TO CORRECT THE VIOLATION. IN THE EVENT 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 BURNS. SECONDED BY BOARD MEMBER GILTZ. 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. 503. Code Enforcement Division - Police Department 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 Note: Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-DUNE 23,2020 PAGE 6OF11 Code Inspector Terri Guerra presented and testified, "While driving around the City I noticed this residence in disrepair. March 19, 2020 1 sent a notice of code violation to the owner of the property. On March 23,2020 it was signed for. On June 4, 2020 1 posted the notice of Code Board at the property, City Hall, and sent notice certified first class to the property owner's address. On June 6, 2020 the code board notice was given to an agent and someone had written deceased on the card that I got back. To this date there has been no contact from the owner of the property or any family members." Photos shown from "Related Case Information." Code Inspector Guerra continued, "I am recommending the Board find the property in violation and impose a fine of fifty dollars ($50) a day if found in non-compliance. The owner should be given until July 13, 2020 to comply." Discussion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 13, 2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER MURPHY. DISCUSSION. VOTE: BOARD MEMBER MURPHY: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS: AYE VICE CHAIRPERSON KAPROW: AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. 504. Code Enforcement Division - Police Department Case# 2019CE002736 Paul D. Seal 70 S Devon Ave. Winter Springs, Florida 32708 WS City Ord. 20-431 RV's in Residential Area Note: Respondent was present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 23,2020 PAGE 7OF11 Code Inspector Terri Guerra testified, "I received information from Lieutenant Accomando at the police department that there was possible subject living in the RV behind this residence. I was unable to determine that information due to a privacy fence around the property. On December 24, 2019 1 sent an NCV (notice of code violation) to the owner of the property in regards to needing a permit for an RV of that size on the property. "On December 26, 2019 the notice was signed for by the owner, Mr. Seal. I also received a call from Mr. Seal advising that he was going to get with City Hall regarding getting a permit. On March 16, 2020 1 received a call from a subject by the name of Derrick, who advised he was the owner of the RV and he was still trying obtain a permit. He said everything going on with the COVID it was hard for him to get. He also had to have it registered, so he was trying to get it registered and get a permit. "On June 3, 2020 1 attempted to call Derrick back to get and update, he called back and advised he was going to the DMV Monday and appreciated our patience. I advised him that we were still going to Code Board, that if he obtained the permit to let us know. He said he understood. On June 4, 2020 1 sent a notice of Code Board certified first class to the owner of the property. Posting it at the property and City Hall. On June 6, 2020 at 3:13 pm the United Stated Postal Services website advised the notice was left with an individual." Photos shown from "Related Case Information." Continuing Code Inspector Guerra stated, "I am recommending the Board find the property in violation and impose a fine of fifty dollars ($50) a day if found in non-compliance. The owner should be given until July 13t" to comply." Mr. Paul Seal, 70 South Devon Ave, Winter Springs Florida began by clarifying the antenna in question was attached to the home and not the vehicle. "There is nobody living in that vehicle. Our intent was he [Mr. Alfred] wanted to fix the vehicle so at a later date it could be moved to a spot so where he could live in it...Terri will admit we have tried to keep in constant contact. I am trying to comply and have no problem if the Board decided I need to get it out at such a date or can't come under compliance at such a date. I will do so." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-DUNE 23,2020 PAGE 8 OF 11 Mr. Derrick Alfred, 70 South Devon Ave, Winter Springs, Florida stated the PV was sold and would be off the property by July 7th. Further discussion continued. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 13, 2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF FIFTY DOLLARS ($50.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER MURPHY. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ:AYE VICE CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER MURPHY: AYE MOTION CARRIED. 505. Code Enforcement Division - Police Department Case# 2020CE000633 Margaret R. Kline - Enhanced Life Estate 204 Mockingbird Lane Winter Springs, Florida 32708 WS City Ord. 12-53 Abandon Vehicle *ITEM 505 WAS PULLED FROM THE AGENDA* 506. Code Enforcement Division - Police Department 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 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE23,2020 PAGE 9OF11 Note: Respondent was not present. Code Inspector Terri Guerra testified, "While driving around the City I noticed a residence in disrepair March 5, 2020 1 sent a notice of code violation to the owners of the property. The letter was returned. On April 2, 2020 1 posted the notice of code violation at the property. On June 4, 20201 posted the notice of code board at the property and City Hall. I also sent a notice certified first class to the property. On June 6, 2020 the United States Postal service website advised the notice was delivered to an agent for final delivery. To this date there has been no contact from the owner of the property." Photos shown from "Related Case Information." Code Inspector Guerra recommended, "the Board find the property in violation and impose a fine of fifty dollars ($50.00) a day if found in non- compliance. The owner should be given till July 13, 2020 to comply." Discussion continued on violations and fine increase. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 13, 2020 TO CORRECT THE VIOLATION. IN THE EVENT 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 VICE- CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER MURPHY. DISCUSSION. VOTE: VICE CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER MURPHY: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS:AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES 600. Code Enforcement Division - Police Department Case# 2019CE002874 CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JUNE 23,2020 PAGE 10OF11 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 Note: Respondent was present. Code Inspector Terri Guerra testified, "The Code board order stated the owners must have violations corrected by April 26, 2020, if the violations were not corrected a fine of two hundred and fifty dollars ($250.00) a day would be imposed. On June 4, 2020 1 noticed a non-compliance hearing we sent to the owner on record and posted at City Hall and the property. On June 8, 2020 at 10:20 hours the notice was delivered to a front desk reception area or mailroom is what was stated. The violation did exist until I went and check today and everything has been corrected." Photos shown from "Related Case Information." Code Inspector Guerra continued with, "In regards to this case, the residence has come in to compliance at this time." Discussion ensued on timeline of when the property came into compliance. Mr. Beecher Larson,Attorney, 7207 Ridge Road, Longwood, Florida 327SO stated he was the attorney for the personal representative of the estate. Mr. Larson gave back story on how the ownership of the property was transferred, informed the Board of the future aim of selling the property but that there was work to be done on the property first. Mr. John Basili, 3048 Unkaterri Lane, Orlando, Florida 32806 spoke in turn about the value, turn around, and timeline they anticipate for potential buyers and investors. "I MOVE TO FIND THE RESPONDENT IN COMPLIANCE WITH THE CITY CODE AND THAT NO FINE SHALL BE IMPOSED." MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER BURNS: AYE CHAIRPERSON CRISWELL: AYE CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-DUNE 23,2020 PAGE 11 OF 11 VICE-CHAIRPERSON KAPROW:AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER MURPHY: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. REGULAR AGENDA 700. Not Used ADJOURNMENT Chairperson Matthew Criswell adjourned the Regular Meeting at 6:46 p.m. PESPECTFULLY SUBMITTED: CHRISTIAN GOWAN INTERIM CITY CLERK NOTE: These Minutes were approved at the July 28,2020 Code Enforcement Board Regular Meeting.