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HomeMy WebLinkAbout2020 09 22 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING S E PT M E B E R 22, 2020 CALL TO ORDER Chairperson Matthew Criswell called the Regular Meeting of Tuesday, September 22, 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 Carole Giltz, present Board Member Colleen Murphy, absent Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Items 500 and 501 were removed from the agenda because of coming into compliance. Captain Matt Tracht asked that respondents for 504 and 506 could be moved to the front of the agenda. This change was accepted without objection. AWARDS AND PRESENTATIONS 100) Not Used CONSENT AGENDA 200)Ao roval of Minutes from the TuesdayAuust 25 2020 Code Enforcement Board Re ,ula.r Meeting. Minutes` ' CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 2 OF 13 "I MAKE A MOTION TO APPROVE THEM." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS- CONTINUED CASES 300 ...Not Used, PUBLIC HEARINGS- REPEAT CASES 400) Not Used PUBLIC HEARINGS- NEW CASES 500)Case #: 2020CE000SIS 113 Burgos Road Charity M Walker - Tenants in Common: 50 Timothy E Benton -Tenants in Common: 50 WS City Ord. 13-2(b) Junk and Debris WS City Ord. 13-2(c) Overgrown Yard WS City Ord. 12-53 Abandoned Vehicle in Right of Way IPMC 304.2 Protective Treatment Related Case Information Presentation,........ ............_....__ " � This item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 3OF13 501)Case #: 2020CE000548 50 North 2nd Street Robey Kathy Marchiny WS City Ord. 13-2(b) Junk and Debris WS City Ord. 13-2(c) Overgrown Yard WS City Ord. 12-53 Inoperable Vehicle WS City Ord. 9-374 House Numbers Related Case Information -� Presentation This item was not discussed. * AGENDA NOTE: ITEMS WERE DISCUSSED IN THE FOLLOWING ORDER 504)Ca,se._ : 2020CE001161 215 Shore Road Elizabeth Roman W$-City 1 y Ord3 .2..... b Junk and Debris WS,City,,Ord. 13 2 c .Overgrown Yard IPMC 302.1 Sanitation Related Case Information Presentation The Respondent was present. Code Officer Terri Guerra introduced the case and testified, "On May 4, 2020 1 observed the grass was overgrown at this residence. There was also an old bike and other items piled up in front of the property. There was also black growth on the outside of the residence on the left-hand side of the property. I sent Notice of Code Violation to the owner of the property. May 9, 2020 the notice was delivered. September 8, 2020 1 posted the property and City Hall with notice of Code Board. I also sent certified and first class letter to the owner of the property. September 10, 2020 United States Postal Service (USPS) website advised notice was delivered. There has been no contact from the owner of the property until tonight." Photos shown from "Related Case Information." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 4 OF 13 Concluding, Officer Guerra said, "I am recommending the Board find the property in violation and impose a fine of two hundred and fifty dollars ($250.00) a day if found in non-compliance. The owner should be given until October 13, 2020 to comply." Ms. Elizabeth Roman, 27S Shore Road, Winter Springs, Florida testified, "I did receive the notice. I have removed some of the debris from the front. I live paycheck to paycheck so I can only afford to mow my yard once a month. It cost me fifty five dollars ($55) so if it rains a lot or a little, there is not much I can do about that. Actually the lawn was mowed today and - I did purchased house cleaner to clean off the black/moldy issues on the side of the house. I am in process of doing what needs to be done. If I can be afforded extra time to complete everything I will be sure to contact Ms.Terri and let her knowthat everything has been taken care of." Respondent amenable to Code Officer's suggestion of October 13th 9 MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL OCTOBER 13, 2020 TO CORRECTTHE VIOLATIONS. IN THE EVENT RESPONDENTS FAILTO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY VICE-CHAIRPERSON KAPROW. DISCUSSION. VOTE: VICE-CHAIRPERSON KAPROW: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS:AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 5OF13 506)Case,,.# 2.020CE001484 915 Puma Trail Allen J Gab_riel- Tenants in Common M City Ord_ 13.2 b Tree_Tri_m minis/Yard. ...... Trash WS City Ord. 13-2ic Overgrown Yard W$ City Oiii 17-1 Obstructive Sidewalk IPMC 304.2 Protective Treatment IPMC 304.9 Overhan Extensions IPMC 302.1 Sanitation Related Case Information Presentation " The Respondent was present. Code Officer Guerra testified, "On June 11, 2020 1 received a complaint from two women walking regarding this residence and how the grass was always extremely overgrown. They also advised the bushes in front of the residence block the sidewalk. When I went to the property I observed the same. The bushes were covering the sidewalk and there were also weeds growing in the cracks of the sidewalk. There was black and green growth on the front of the residence near the door. The wood awning near the front door was falling apart and a few beams were missing.There was yard waste on the sidewalk, paint was chipping off of the wood pieces near the roof and NCV [Notice of Code Violation] was sent to the owner. I also received a complaint from the neighbor of the resident regarding the high grass as an ongoing issue. She advised she was trying to sell her house and it is not helping her effort. On June 15, 2020 the Notice of Code Violation notice was left with individual. On the notice, in regards to, the grass and bushes needed to be corrected immediately." Code Officer Guerra continues with, "On June 18,2020 1 received another call from the neighbor at 917 [Puma Trail] advising the grass was still out of control. On June 22,20201 posted Attempt to Remedy at the property. On July 7, 2020 1 spoke with the neighbor and she advised the resident had cut the grass. August 24, 2020 1 received another complaint in reference to the grass covering the sidewalk. September 8, 2020 1 posted the residence and City Hall with notice of Code Board. I also sent the notice certified and first class. September 10, 2020 the notice was left with individual per USPS website. There has been no contact from the owner until tonight." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -SEPTEMBER 22,2020 PAGE 6OF13 Photos were shown from "Related Case Information." Officer Guerra then said, "I am recommending the Board find the property in violation and impose a fine of two hundred and fifty dollars ($250.00) a day if found in non-compliance. The owner should be given until October 13, 2020 to comply." Mr. Allen J. Gabriel, 97S Puma Trail, Winter Springs, Florida testified, "I just want to be clear on what I have to do because I have no argument that it has the appearance of an abandoned house." Clarification on what needs to be done was given to the respondent. Mr. Gabriel continued, "For the completion of or demolition of that trim, those beams and repainted to the extent that that needs to be done. I would like more time than from now till October 1311." The respondent asked to be given until the 22nd of November to get the property into compliance. Discussion continued on other potential problems and clarification on the compliance date. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL NOVEMBER 20, 2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENTS FAIL 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 ROBINSON. DISCUSSION. VOTE: CHAIRPERSON CRISWELL: AYE BOARD MEMBER GILTZ: AYE VICE-CHAIRPERSON KAPROW:AYE BOARD MEMBER BURNS:AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEM B ER 22,2020 PAGE 7OF13 505)Case #: 2020CE001464 274 San Gabriel Street Dais.... y Adams Joint Tenants with Right of.5urv_iv..ors.ha Tony Adams -_Joint Tenants with_Ri ht_of Survivorship WS City Ord., 9 374_House Numbers IPMC 304.2 Protective Treatment Related Case Information -, Presentation a The Respondent was present. Code Officer Guerra presented details and testified, "On June 9, 2020 1 observed paint chipping off of the front of this residence. The house numbers are falling off.There is also black growth on the residence. I sent Notice of Code Violation to the owner of the property. On June 12, 2020 the notice was delivered. June 15, 2020 1 received a call from Mrs. Adams requesting an extension until September 1, 2020. 1 agreed with the date. Mrs.Adams called back requesting another extension after the due date. I advised her that the Board would now determine if she would be granted another extension. September 8, 2020 1 posted her residence and City Hall with notice of Code Board. I also sent the notice certified and first class to the property." Showed photos from "Related Case Information." Code Officer Guerra then said, "I am recommending the Board find the property in violation and impose a fine of two hundred and fifty dollars ($250.00) a day if found in non-compliance. The owner should be given until October 13, 2020 to comply." Ms. Daisy Adams, 274 San Gabriel Street, Winter Springs, Florida, "I spoke to her several times. I am going to need a little more time. I am always sick, partially disabled, self-supporting by myself so I have somebody to come and help me out. It's not that bad, that house was done five years ago. We had some ice storm in February and it chipped the paint and the border. Really, the grass is taken care of, that's the only discrepancy that I have. I know it has to be taken care of but I need someone to step on the ladder. I had COVID-19 recently. I had deaths in the family. I have been through a lot. I need somebody, I got to get the money to pay them and I need someone to do it for me. So, I need just a CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 8 OF 13 little more time if possible." Discussion ensured on giving the Respondent an additional month to come into compliance. "MOTION TO APPROVE I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENTS BE GIVEN UNTIL NOVEMBER 20, 2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENTS FAIL TO COMPLY BY THIS DATE,A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROBINSON. DISCUSSION. VOTE: BOARD MEMBER BURNS: AYE VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON:AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS- NON-COMPLIANCE CASES ** 600)Case #: 2020CE000758 1,02_ _South__Moss Road Rachael L Harrington -.Joint_Tenants_with Right of Survlvorshi Patrick S Byrne - Joint Tenants with Right of Survivo.rshi.p W$,,Cit Ord. 13 2b) Junk and Debris WS City Ord.,'ll20-438 Vehicles Parked on the Front Yard Original hearin date. July,28 2020 Com, alian...ce date: August 25r.2020 Fine: $100 00 a day Related Case Information Presentation The Respondent was present. Code Officer Guerra testified, "Code Board ordered owners to have violations corrected by August 21,2020. If violations were not corrected a fine of a hundred dollars ($100.00) a day would be imposed. On September 8, 2020 a notice of Non-Compliance Hearing was sent to CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 9 OF 13 owner on record certified and first class mail. The property and City Hall were also posted on the same date. September 12, 2020 the certified letter was delivered and left with an individual per USPS website. Violations still exist and there has been no contact from the owner of property." Photos shown from "Related Case Information." Code Officer Guerra recommended the original order be imposed as a lien. Mr. Marcus Frasier, 102 South Moss Road, Winter Springs, Florida, "From the last time we were here we had a roofer come in for our compliance with the leak in the back of our Florida room so I wasn't able to move any vehicles at the time because I did want them to damage anything but since then I have already cleared out the front. - I only have one truck parked on sod is made for a driveway;that is the only vehicle that is there other than that everything is in compliance on the road way. That debris she saw on the porch, I have a picture but you won't be able to see it I have it on my phone that shows two motorcycles, the little red toolbox is actually right behind the motorcycles, so the whole porch line is actually clear. The only thing you can see is the plants that might be falling over due to the weather. Other than that everything is up to code." Discussion followed on designated parking areas for the City due to the respondent having put the sod driveway in a non-designated parking area. Code Officer Guerra relayed that she never received a phone call from the respondent. Inspector Guerra continued on what additionally would still be need to be fixed to be in compliance. Mr. Christopher Schmidt, Director, Community Development Department noted he would like to talk to the gentleman after the meeting about designated parking areas. "MOTION TO CONTINUE THIS CASE UNTIL THE OCTOBER 27, 2020 CODE ENFORCEMENT BOARD REGULAR MEETING." MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER ROBINSON:AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS: AYE CHAIRPERSON CRISWELL: AYE VICE-CHAIRPERSON KAPROW: AYE CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 10OF13 MOTION CARRIED. PUBLIC HEARINGS- NEW CASES 502)Case_#: 2020CE000857 628 Huntiv Lane Massoud Max Partou IPMC 304.2 Protective Treatment IPIVIC_ 304.15 Doors Related Case Information �, ..Present......�� �.... .. ation '� The Respondent was not present. Code Officer Guerra testified, "March 26, 2020 the garage door on the residence appears to be decaying at the bottom. There is also oxidation all over the front of the unit. I sent Notice of Code Violation to the owner of the property. On April 8, 2020 1 posted the notice at the property. On April 15, 2020 1 received a call from the owner requesting an extension until June 1, 2020. On June 25, 2020 1 called the owner requesting update and he advised the contractor ran off with his money and won't call him back. On July 9, 2020 1 noticed the property had been painted. I called the owner to see about the garage door. He advised it would be fixed that week if the weather held up. September 8, 2020 1 posted the notice of Code Board at the residence and City Hall. I also sent the notice certified and first class to the owner. On September 10, 2020 1 received a call from Mr. Partou advising he would have violation corrected by September 15,2020. September 11,2020 USPS website advised notice left no authorized recipient." Photos shown form "Related Case Information." Concluding, Officer Guerra noted, "I am recommending the Board find the property in violation and impose a fine of two hundred and fifty dollars ($250.00) a day if found in non-compliance. The owner should be given until October 13, 2020 to comply." Attorney Nix asked if the violation of International Property Maintenance Code Section 304.2 was now in compliance. Code Officer Guerra confirmed this and noted she was only looking for a finding of violation related to the garage door. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 11 OF 13 "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENTS BE GIVEN UNTIL OCTOBER 13, 2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENTS FAIL TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($2SO.00) SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER ROBINSON. 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 MOTION CARRIED. S03)Case.#:2020CE000989, 602 Fru itwood Ave. .1.. --- Patrick L Meyer Ashley A Meyer WS CKy_Ord 13 2 b- .Junk and Debris WS City.Ord. 6-195 Maintenance.of Fences W_S__Cit Ord. 20 431. RV in,,Residential_Area Related Case Information ­11 ......... P ...... resentation The Respondent was not present. Code Officer Guerra testified, "On April 16,2020 1 observed a very large RV parked at the residence. There was also a broken fence falling down the right side. There were several items being stored on the side of the house. I sent a Notice of Code Violation to the owner of the property. On April 20,2020 the notice was left with an individual per the USPS website. May 27, 2020 1 drove by the residence and violations were still present. On September 8,2020 1 posted the notice of Code Board at the residence and City Hall. I also sent the notice certified and first class to the property. September 10,20201 received a message from Mrs. Meyer trying to clarify the violations which I did call her back to explain the violations to her. On CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEMBER 22,2020 PAGE 12OF13 September 10, 2020 USPS website advised notice was delivered." Photos were shown from "Related Case Information." Officer Guerra then said, "I am recommending the Board find the property in violation and impose a fine of two hundred and fifty dollars ($250.00) a day if found in non-compliance. The owner should be given until October 13, 2020 to comply." Code Officer Guerra relayed that Ms. Meyer did call over the weekend and advised that most of the violations were corrected except for the fence and that it would take some time the correct. "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENTS BE GIVEN UNTIL OCTOBER 13, 2020 TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENTS FAIL 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 BURNS. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE BOARD MEMBER BURNS: AYE VICE-CHAIRPERSON KAPROW: AYE ,MOTION CARRIED. PUBLIC HEARINGS - NON-COMPLIANCE CASES "CONTINUED 601)Case #: 2020CE000974 238 Highlands Glen Circle Robert J,Lo n IPMC 304.6 Exterior Walls Ori inal_hearin date: July 28„2,,020 Com.Pl111,iancedate: August 25. 2020_ Erne: $50.00 a day Related Case Information Presentation The Respondent was not present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-SEPTEM BER 22,2020 PAGE 13OF13 Code Officer Guerra testified, "Code Board ordered that owners have violations corrected by August 25, 2020, if violations were not corrected a fine of $50.00 a day would be imposed. On September 8, 2020 notice of Non Compliance Hearing was sent to owner on record certified and first class mail. The property and City Hall was also posted at the same time. September 10, 2020 USPS website shows letter is ready for pick up. Violations still exist and there has been no contact from the owner of property." Photos shown from "Related Case Information." Code Officer Guerra then recommended that the original board order be imposed as a lien. 9 MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AND THAT PENALTY SET FORTH IN THIS BOARDS PREVIOUS ORDER, DATED JULY 31,2020 SHALL BE IMPOSED CONSISTENT WITH THAT ORDER." MOTION BY VICE-CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. REGULAR AGENDA 700 Not,,,Used ADJOURNMENT_ Chairperson Matthew Criswell adjourned the Regular Meeting at 6:17 p.m. 'b@ ....,..... I D RESPECTFULLY SUBMITT;D: ��`` ;- pT�� icdn . .. q CHRISTIAN GOWAN a.. "• J `� o ; CITY CLERK ''r��••.,,�/ 4� NOTE: These Minutes were approved at the October 27,2020 Code Enforcement Board Regslfr�ving.