Loading...
HomeMy WebLinkAbout2020 07 28 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING J U LY 28, 2020 CALL TO ORDER Chairperson Matthew Criswell called the Regular Meeting of Tuesday, July 28, 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, absent Board Member Carole Giltz, present Board Member Colleen Murphy, present Board Member Dennis Robinson, absent 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 500 was pulled from the agenda per Code Officer Terri Guerra. Interim City Clerk Christian Gowan swore in those who would be providing Testimony during tonight's Meeting - Code Officer Terri Guerra and Respondents. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200. Approval of Minutes from the Tuesday,Jun 23, 2020 Code Enforcement Board Regular Meeting "I MOVE WE APPROVE THE MINUTES." MOTION BY BOARD MEMBER MURPHY. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2020 PAGE 2OF11 VOTE: BOARD MEMBER MURPHY:AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE VICE-CHAIPERSON KAPROW: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# 2020CE000645 Bryan W. Brown 112 South Moss Road Winter Springs, Florida 32708 IPMC 304.2 Protective Treatment IPMC 302.1 Sanitation WS City Ord. 13-2(b) Junk and Debris ** NO DISCUSSION. ITEM 500 PULLED FROM THE AGENDA** 501. Code Enforcement Division - Police Department Case# 2020CE000758 102 South Moss Road Rachel Harrington -Joint Tenants with Right of Survivorship Patrick Byrne - Joint Tenants with Right of Survivorship WS City Ord. 13-2(b) Junk and Debris WS City Ord. 20-438 Vehicle Parked in Front Yard Inspector: Code Officer T. Guerra Note: The Respondent was present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-DULY 28,2020 PAGE 3OF11 Code Officer Terri Guerra testified, "March 18, 2020 while driving down Moss road I noticed a large amount of items in front of this residence, also there were two vehicles on jack stands. There were vehicles parked all over the front yard as well. I sent a notice of code violation to the owner of the property. On March 30, 2020, Marcus signed for the Notice of Code Violation. On July 14, 2020 1 posted at the property and City Hall with the notice regarding the Code Board Meeting. I also sent a certified and first class letter to the owners. The inoperable vehicles have been repaired or removed at this time, the other violations persist. There has been no contact from the owners at this time." Photos were shown from "Related Case Information" with the vehicles and extra items in front of the house and in the yard. Continuing, Code Inspector Guerra stated, "I am recommending the Board find the property in violation and impose a fine of a hundred ($100.00) dollars a day if found in non-compliance.The owners should be given until August 4, 2020 to comply." Mr. Marcus Frasier, 702 South Moss Road, Winter Springs, Florida testified, "They say I am parking not in the driveway, well we have four residents with vehicles. We park on the opposite side of the tree." Brief discussion and review of previously shown photos followed to identify what has since been removed. Mr. Frasier continued, "I park there [next to the telephone pole, depicted in the photo shown] so it gives the person that primarily lives there the driveway. I have three trucks and one car and a trailer." Chairperson Criswell explained that the problem was the vehicles were not in designated parking areas and advised consulting with the Officer Guerra to determine where those areas would be. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL AUGUST 21, 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 MURPHY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-J U LY 28,2020 PAGE 4 OF 11 VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER MURPHY: AYE BOARD MEMBER GILTZ: AYE VICE-CHAIRPERSON KAPROW: AYE MOTION CARRIED,.. 502. Code Enforcement Division - Police Department Case #2020CE000856 Razid C. Angerita 626 Huntly Lane IPMC 302.1 Sanitation IPMC 304.15 Doors IPMC 304.10 Porch IPMC 304.2 Protective Treatment Inspector: Code Officer T. Guerra Note: The Respondent was not present. Code Officer Terri Guerra testified, "On March 26, 2020 1 noticed the residence had black growth and oxidation on the front of the residence and on the side wall.The front porch pillar was also decaying at the base. Also the garage door had paint that was peeling and possibly decaying at the bottom. I sent the Notice of Code Violation to the owner of the property. The notice was returned. On June 11, 2020 1 posted the Notice of Code Violation at the property and on July 14, 2020 I posted the Notice of Code Board at the residence and City Hall. I also sent a certified letter and first class to the owner. On July 21, 2020 1 had a message from Mr. Wolf, who is the tenant, regarding the property. "He advised that he was a tenant and had pressure washed the front of the residence. The other items the owner would have to take care of. He advised he was going to give the information to his management company and later the same day I received a call from Joanne, she is part of the company. I attempted to call her back but she did not answer." Photos were shown from "Related Case Information." Code Officer Guerra said, "I recommend the Board find the property in violation and impose a fine of a hundred ($100.00) dollars a day if found in non-compliance. The owner should be given until August 25, 2020 to comply. I did hear from the owner, he called and - the front pillar today, CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2020 PAGE 5OF11 when I went by, it was correct. There is still a lot of black on the front of the house and garage but he said he was ordering a new garage door. He does not live in the state. I did advise him of the date I recommended and if he could get it fixed by then and he said he could and would let me know.That is all I have heard from him." "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPPPONDENT BE GIVEN UNTIL AUGUST 21, 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) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER MURPHY. SECONDED BY VICE-CHAIRPERSON KAPROW. DISCUSSION VOTE: VICE-CHAIPERSON KAPROW: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER MURPHY: AYE MOTION CARRIED. 503. Code Enforcement Division - Police Department Case# 2020CE000957 Judith H. Zipay 425 David Street WS City Ord. 12-53 Inoperable Vehicle WS City Ord. 13-2 (b) Junk and Debris WS City Ord. 9-374 House Numbers IPMC 304.7 Roofs and Drainage Inspector: Code Officer T. Guerra Note: Respondent was present. Code Officer Guerra testified, "On April 13, 2020 1 received a complaint regarding this residence that a large amount of debris was being stored, also in regards to the inoperable vehicle. I went to residence and there was a large amount of junk and debris at the residence.There was also a truck backed-in that appeared to have been in an accident. The house numbers were not properly marked. [Additionally] half the roof had white material covering it instead of the shingles.There was also a Dollar General cart against the right side of the residence. I sent the Notice of CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2020 PAGE 6OF11 Code Violation [NCV] to the owner of the property. On April 14, 2020 Judith signed for the NCV. "July 7, 2020 Lieutenant Heath responded to the same location,they had a situation there and he had also noticed all the debris in the back. He did do a report on it also and sent me the information over. On July 14, 2020 1 posted the property and City Hall with the Notice of Code Board. A certified and first class letter was also sent to the owner. Until tonight I had not had contact from the owner." Photos shown from "Related Case Information." Code Officer Guerra continued, "I recommend the Board find the property in violation and impose a fine of a hundred and fifty ($150.00) dollars a day if found in non-compliance.The owner should be given until August 25, 2020 to comply." Mr. Richard Zipay, 703 Anthony Drive, Sanford, Florida testified, "relative to the address I called the postal office and I said what is required to have an address? He said as long as the address is on the mailbox that is all we require. The address is on the mailbox." Mr. Zipay questioned if the address needed to additionally be on my house and it was clarified that as long as the address is visible and clear the numbers being on the mailbox were in compliance. Mr. Zipay continued, "I don't live there it is a rental property and let me tell you landlords have no rights in the state of Florida." Discussion followed on landlord rights,several occasions when the police have been called to the property, and possible legal action that could be initiated by the property owner. Mr. Zipay was advised to seek legal counsel to explore available options to help remedy the situation. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL OCTOBER 23, 2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY VICE-CHAIRPERSON KAPROW. DISCUSSION. VOTE: CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2020 PAGE 7OF11 CHAIRPERSON CRISWELL: AYE VICE CHAIRPERSON KAPROW:AYE BOARD MEMBER MURPHY: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. 504. Code Enforcement Division - Police Department Case#2020CE000974 238 Highlands Glen Circle Robert J Long IPMC 304.6 Exterior Walls Note: Respondent was not present. "On April 14, 2020 1 was checking the residence due to a complaint regarding trucks parked in the driveway of the residence. There was no violation on that issue but I did notice that the walls of the front of the residence were rotting. I sent a Notice of Code Violation to the owner of the property.The Notice of Code Violation was returned on May 14, 2020. 1 posted the Notice of Code Violation at the residence On July 14, 2020 1 posted the property and City Hall with the Notice of Code Board. I also sent a certified and first class letter to the owner. There has been no contact from the owner." Code Officer Guerra showed photographs from "Related Case Information." Continuing, Code Officer Guerra continued, "I am recommending 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 until August 25, 2020 to comply." "MOTION TO ACCEPT STAFF'S RECOMMENDATION." MOTION BY BOARD MEMBER MURPHY. SECONDED BY BOARD MEMBER GILTZ DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER MURPHY: AYE VICE CHAIRPERSON KAPROW: AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2020 PAGE 8OF11 505. Code Enforcement Division - Police Department Case# 2020CE001471 Tuscawilla Golf Club LLC 1500 Winter Springs Blvd WS CITY ORD. 13-31 Noise Disturbance Note: Respondent was present Code Officer Guerra testified, "Our agency has received several complaints regarding Tuscawilla Country Club starting lawn service before the designated time of 6:30 am. On June 9, 2020 1 was on Greenbriar Lane, sitting next to the easement where you can see the golf course. At 6:20 a.m. I observed a subject on a mower mowing. I documented the information and sent the business and registered agent, William Davis, a Notice of Code Violation. On June 12, 2020 the Country Club received the notice and an individual also signed for the notice sent to William Davis on the same day. June 23, 2020 1 again sat on the Greenbriar Lane area just South of Braewick and observed an employee cutting the grass in that area at 6:08 a.m. July 14, 2020 1 sent a certified first class code board notice to the Tuscawilla Country Club and the registered agent. The Notice was also posted at the location and City Hall." Code Officer Guerra showed videos from "Related Case Information." Code Officer Guerra continued, "There has been no contact from the owners about this violation notice. Based on the facts of this case, I am requesting a Finding of Fact only with no fines imposed. Subsequently, offenses will be brought as a non-compliance item if it occurs again." Mr. Steve Dawson, General Manager, Tuscawilla Country Club, 1S00 Winter Springs Boulevard, Winter Springs testified, "Just obviously reading through the Winter Springs Code for noise viol ations/ordinacnes, there is a provision that if you are under 55 decibels...there are no time constraints. Is that correct?" Attorney Nix clarified that the noticed violation did not make such a reference. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2020 PAGE 9OF11 Mr. Dawson continued, "The at all times under 13-35 does say maximum is 55 [decibels]. I don't know if that would be the same provision...Essentially what I am referencing is that our mowers are extremely quiet. From the property line to where these mowers are running is much quieter than a conversation you and I would have face-to-face...Operating an 85-plus acre property is obviously a large task. It gets even harder with the summer rains and everything. We are doing our best. Feel like we provide a great community asset here. All we are asking is if that 55 time sensitive at all times provision is written in your ordinances if we could perform a sound test to prove that from any property line where the mowers are running we are below that and below any disturbance that might awake residents. The problem we are finding is that not everyone in the neighborhood is a member. All reports are anonymous...not going to lie we probably have a few disgruntled ex-members who could be making frivolous claims as well." Discussion followed on the possibility of testing, how to determine a test's voracity, and potential changes to the mowing schedule. Attorney Nix and Code Officer Guerra clarified that the test would not be relevant to the violation before the Board, which related to hours of operation. Brief discussion followed on the possibility of a special exception. City Manager Shawn Boyle spoke briefly about the creation of the Ordinance which created the permissible time range and noted that any exceptions or changes would need to be taken before the Commission to change the current legislation. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND IMPOSE NO FINE AT THIS TIME." MOTION BY VICE- CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER MURPHY. DISCUSSION. VOTE: BOARD MEMBER MURPHY:AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRPERSON KAPROW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 28,2020 PAGE 10OF11 PUBLIC HEARINGS AGENDA - NON-COMPLIANCE CASES 600. Code Enforcement Division - Police Department .__.._... - - ......... . .. .... . . Case# 2020CE000154 Parcel#11-21-30-3AG-126G-0000 Royals Portfolio LLC 5510 Edson Lane, Rockville, Maryland 20852-3135 Order Issued on May 26, 2020 WS CITY ORD. 13-2(c) Grass Height/Overgrown WS CITY ORD. 13-2(b) Tree Trimming/Yard Trash WS CITY ORD. 6-195 Maintenance of Fences IPMC 302.7 Light Fixture IPMC 304.2 Protective Treatment Note: Respondent was not present. Code Officer Guerra testified, "Code Board ordered owners to have violations corrected by July 10, 2020 if the violations were no corrected a fine of one hundred dollars ($100) a day be imposed. On July 6, 2020 1 received an email from Mr. Eisman requesting to know how he could get an extension. I advised him there was no more extensions and that it would be going to the Non-Compliance hearing on July 28, 2020. July 14, 2020 1 noticed it. Notice of Non-Compliance Hearing sent to the owner on record and posted at City Hall and the property. July 16, 2020 the notice was delivered.The violations still exist and there has been no other contact from Mr. Eisman." Photos shown from "Related Case Information." Continuing, Code Officer Guerra stated, "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 PENALTY SET FORTH IN THIS BOARD'S PREVIOUS ORDER DATED MAY 26, 2020 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER MURPHY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-J U LY 28,2020 PAGE 11 OF 11 VOTE: VICE-CHAIPERSON KAPROW:AYE BOARD MEMBER MURPHY: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE MOTION-CARRIED. REGULAR AGENDA 700. Not Used ADJOURNMENT Chairperson Matthew Criswell adjourned the Regular Meeting at 7:40 p.m. PESPE ,:.TFULLY SUBMITTED: CHPISTIAN GOWAN CITY CLERK NOTE: These Minutes were approved at the August 25,2020 Code Enforcement Board Regular Meeting.