The URL can be used to link to this page

Home My WebLink About2021 03 23 Code Enforcement Board Regular Meeting AgendaCODE ENFORCEMENT BOARD REGULAR MEETING AGENDA TUESDAY, MARCH 23, 2021 - 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 the Tuesday, February 23, 2021 Code Enforcement Board Regular Meeting Minutes Minutes PUBLIC HEARINGS – CONTINUED CASES 300. Not Used PUBLIC HEARINGS – REPEAT CASES 400. Not Used PUBLIC HEARINGS – NEW CASES 500. Case # 2020CE001997 622 Locust Court Adrien Love - Trustee WS City Ord. 12-53 Disabled Vehicle WS City Ord. 13-2 (c) Overgrown Yard WS City Ord. 13-2 (b) Junk and Debris Additional Case Information Presentation 501. Case # 2019CE003151 55 Hayes Road John V Pendarvis - Joint Tenants with right of Survivorship Christine M Abruzzese - Joint Tenants with right of Survivorship IPMC 304.7 Roofs & Drainage Additional Case Information Presentation 2 502. Case # 2021CE000143 1500 Winter Springs Blvd. (Tuscawilla Country Club) Tuscawilla Golf Club LLC WS City Ord. 5-4 No arbor permit Additional Case Information Presentation PUBLIC HEARINGS – NON-COMPLIANCE CASES 600. Not Used 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. 3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING FEBRUARY 23, 2021 CALL TO ORDER Vice-Chairperson Maurice Kaprow called to Order the Tuesday, February 23, 2021 Regular Meeting of the Code Enforcement Board 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, absent - excused Vice-Chairperson Maurice Kaprow, present Board Member Michael Burns, present Board Member Stephen Gildea, present Board Member Carole Giltz, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present No changes were made to the agenda. City Clerk Christian Gowan swore in all those offering testimony – Code Officer Terri Guerra and Respondents. CONSENT AGENDA 200) Approval of the Tuesday, January 26, 2021 Code Enforcement Board Regular Meeting Minutes Minutes "SO MOVED." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 2 OF 14 VOTE: BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER GILDEA: AYE MOTION CARRIED. PUBLIC HEARINGS – CONTINUED CASES 300) Not Used PUBLIC HEARINGS – REPEAT CASES 400) Not Used PUBLIC HEARINGS – NEW CASES 500) Case #: 2020CE000416 Cruz-Cortada Management, LLC 51 South Edgemon Ave WS City Ord. 6-195 Maintenance of Fences WS City Ord. 13-2(B) Junk and Debris WS City Ord. 13-2(C) Overgrown Yard Related Case Information Presentation The Respondent was present. Code officer Terri Guerra testified, “Date of complaint was February 19, 2020. I verified complaint on the same day. I sent a Notice of Code Violation to the owner of the property. On February 24, 2020 the notice was signed for by Margarita. On February 28, 2020 I received a call from Maggie Cortada requesting an extension due to legal issues she was having with getting a squatter to leave the premises. On June 26, 2020 I called Mrs. Cortada to get an update on the case. She advised due to COVID courts are all backed up and they have not been able to get anything cleared up and she requested more time. On January 22, 2021 I posted the property and City Hall with the notice of Code Board. I also sent a certified and first Class letter to the owner.” 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 3 OF 14 Photos shown from "Presentation" on the Agenda. Code Officer Guerra gave a recommendation to the Board as, “as of this hearing, I ask that you find the homeowner in violation of ordinances that I have given testimony to, and would extend no more than thirty (30) days, March 23, 2021, to come into compliance. If no compliance is met after that additional time, I ask that a fine of two hundred and fifty dollars ($250.00) per day. Ms. Margarita Cortada, 51 South Edgemon Ave, Winter Spring testified, “so on this property right now there is a very violent man that is an unwanted tenant, I did not put there. When I got this house by a quicken deed by a family member they had put him there as a roommate. – The person living there currently, we have no access to it, haven’t had any type of communication since got the house back in 2016. So I have no way of communicating. Besides, he is a super violent person, so even if I tried to reach out to him I wouldn't be able to because he is not all there.” Ms. Cortada continued with, “I did pass by the property now and I don’t see those pictures of the grass overgrown on the sides, I thought it was just the front. I did take pictures and the front look cut and I think side cut too, I am not one hundred percent but didn't take a picture. The fence, it had boards missing so I think, since he also got a notice, he replaced it but I don’t know. It does have different colors but I think there use to be a hole there and there isn’t a hole there anymore. There is stuff in front of the door, but like I said I have never spoke to man in my life, I have not access to this man, and I would never dare to step near and go knock on his door. I don’t have a way to tell him to move the stuff out. I live in Miami, I don’t live here so I drove here for this today.” Concluding Ms. Cortada relayed, “I tried eviction; eviction is not possible because he did a fraud onto the family member who owned the house and there is a cloud on the title. So, when I tried to evict him when I got the house to 2016 he got himself an attorney to say he was there because the person that he did the fraud with - made my cousin, who was the owner of the house and is autistic, - sign over a quit claim deed. A few weeks later I found out, we came, we got him and took him to Miami. He told us what happen and we did a quit claim deed to save the house because it was free and clear; it belonged to my uncle and aunt before they passed. Even though I recorded my quit claim deed first when he found out they went to the county and recorded a quit claim deed three weeks after me, but that has caused a problem. So, I tried to evict him. I 6 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 4 OF 14 couldn’t evict him. I tried to sell the house. We had to go into bankruptcy, so because of the bankruptcy we can't sell the house. - As of today I still have him there and there is nothing that I can do.” Discussion ensued on how to help resolve the violations with the respondent and that the Code Enforcement Officers would coordinate with Ms. Cortada to get the property into compliance. “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 23, 2021 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) A DAY 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 BOARD MEMBER GILTZ: AYE BOARD MEMBER GILDEA: AYE VICE-CHAIRPERON KAPROW: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. 501) Case# 2020CE000973 Rhonda G. Cave 632 Nighthawk Circle IPMC 304.7 Roofs and Drainage Related Case Information Presentation The Respondent was present. Board Member Robinson noted conflict of interest and stated his intent to abstain to ensure fair hearing and will submit a Form 8B within fifteen (15) days. Code Officer Guerra testified, “The start date was April 14, 2020. The Notice of Code Violation was sent to the owner of the property. On April 18, 2020 the letter was received per United States Postal Service (USPS) 7 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 5 OF 14 website. On April 21, 2020 I received a call requesting extension due to being in litigation with the insurance company. On September 15, 2020 Tarp is still present. I attempted to call resident no answer left a message. On October 19, 2020 I received a call from resident advising the roof was now shrink wrapped and they are still in litigation. On, January 22, 2021 I 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. On January 27, 2021 the notice was delivered.” Photos shown from "Presentation" on the Agenda. Code Officer Guerra continued with recommending to the Board, “as of this hearing, I ask that you find the homeowner in violation of ordinances that I have given testimony to, and would extend up to a hundred and eighty (180) days as of August 22, 2021 or at the boards discretion, to come into compliance. If no compliance is met after that additional time, I ask that a fine of two hundred and fifty dollars ($250.00) per day. Questions regarding the photographs shown were asked and answered. Ms. Rhonda Cave, 632 Nighthawk Circle, Winter Springs expressed appreciation for the purposed compliance date of August 22, 2021 and testified, “that we are in litigation and hoping to have litigation is done by July, I just don’t know how the law stuff works. I would love for this to be done by then.” Questions regarding extensions if litigated is not done by complains date were asked. Assistant City Attorney Jen Nix answered, “The board is here tonight on the Notice of Violation and Notice of Hearing so they can look if they find it in violation, set compliance date. If it is set in August and that comes and goes and you are not in compliance. Typically they would have another hearing to see whether or not you are in compliance with whatever the Board Order is tonight, at that time and if you are found to still be violation - the per day [fine] starts going until it comes into compliance.” Discussion continued on timing and function of the Code Enforcement Board. The City’s lien reduction process was suggested just in case compliance was not met by the set date and the fine started to accrue. Giving the respondent till August was agreed upon and if the issue was not resolved by then the respondent could come back in with the further information at that time. 8 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 6 OF 14 “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 22, 2021 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) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILDEA: AYE BOARD MEMBER BURNS: AYE VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON: ABSTAIN BOARD MEMBER GILTZ: AYE MOTION CARRIED. 502) Case# 2020CE000976 Carmelo Ortiz - Tenancy by Entirety Judith Ortiz - Tenancy by Entirety 600 Anhinga Road IPMC 304.7 Roofs and Drainage Related Case Information Presentation The Respondent was present. Board Member Robinson noted conflict of interest and stated his intent to abstain to ensure fair hearing and will submit a Form 8B within fifteen (15) days. Code Officer Guerra testified, “The date I verified it was April 14, 2020. Notice of Code Violation was sent to the owner of the property. On, April 17, 2020 the letter was received per tracking receipt. I also received a call from the resident requesting an extension due to being in litigation with his insurance company. We agreed on extension date of August 15, 2020. On, January 22, 2021 I 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. On, January 25, 2021 Judy Ortiz called and was told that she needed to bring her documentation to Code Board to discuss any further information regarding the case.” 9 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 7 OF 14 Photos shown from "Presentation" on the Agenda. Code Officer Guerra’s recommendation was, “as of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend to a hundred and eighty (180) days, which would give till August 22, 2021 or at the board’s discretion, to come into compliance. If no compliance is met after that additional time, I ask that a fine of two hundred and fifty dollars ($250.00) per day. Mr. Carmelo Ortiz, 600 Anhinga Road, Winter Springs testified, “In November of 2019 I notified insurance company I was having leaks inside the house, they responded by informing me they would send someone, a roofing company, to tarp the roof. Since that time we paid for the tarping because insurance company wouldn’t pay for that. Since that time it has been over a year and we have been in litigation with the insurance company, they offered us twenty-five thousand ($25,000.00) [dollars] which is half of the price we are going to have to pay to replace that roof. So are in litigation however our lawyer indicated that because of the pandemic most of these cases are backlogged and it is just now that these cases are starting to be heard. We are hoping that we resolve this soon but he didn't indicate a date to me. That is where we stand at this point. Insurance company doesn't want to pay, we are in litigation. We would like to resolve it as soon as possible but our hands are tied.” Ms. Judith Ortiz, 600 Anhinga Road, Winter Springs continued by testifying, “They renewed our insurance - but they raised over twelve hundred dollars ($1,200.00). I don't know if that is because we are in litigation with them. - As far as the tarp on roof, when we first got leak, the roofing company came and put on a blue tarp. It started to rain and all this water started coming into my garage and my living room. – I called the insurance company, they sent a tarp person. They came, the tarp was grey, a heavier tarp, all of a sudden I get a bill for four thousand and thirty-nine dollars ($4,039.00) because the insurance company refused to pay for that tarp. So now, the tarp company sends me a letter saying that if I don’t pay within fifteen (15) days they are going to put a lien on my house.” Ms. Ortiz relays previous discussions with insurance and settlements in regards to payments. Dislike for the tarp was expressed by the home owners as well saying, “it is a nightmare.” Discussion and clarification in regards to the Ortiz’s legal representation ensued. 10 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 8 OF 14 “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL AUGUST 22, 2021 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) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER GILDEA. DISCUSSION ENSUED IN REGARDS TO THE FINE BEING LOWERED FOR THE RESPONDENCE. MOTION STAYED AS STATED. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER GILDEA: AYE VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON: ABSTAIN MOTION CARRIED. 503) Case# 2020CE001964 Lydia Villamil-Heir 492 Lancers Drive WS City Ord. 6-195 Maintenance of Fence WS City Ord. 13-2(B) Outside Storage WS City Ord. 13-2(C) Overgrown yard Related Case Information Presentation The Respondent was not present. Code Officer Guerra testified, “I verified the situation on August 10, 2020. The Notice of Code Violation was sent to the owner of the property. On, September 8, 2020 the letter was returned and deceased was written across the front of the letter. On, September 16, 2020 I posted the Notice of Code Violation at the property. On, January 28, 2021 I posted the property and City Hall with the Notice of Code Board. I also sent certified and first class letter to the owner. There has been no contact from the owner of the property at this time.” Photos shown from "Presentation" on the Agenda. 11 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 9 OF 14 Code Officer Guerra’s recommendation to the Board was, “as of this hearing, I ask that you find the homeowner in violation of ordinances that I have given testimony to, and would extend no more than thirty (30) days, that would be March 23, 2021, to come into compliance. If no compliance is met after that additional time, I ask that a fine of two hundred and fifty dollars ($250.00) per day.” Discussion ensured in regards to contacting and the Code Officers contact homeowners. “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 23, 2021 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) A DAY 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 BURNS: AYE BOARD MEMBER GILDEA: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE MOTION CARRIED. 504) Case# 2020CE002206 Progress Residential Borrower 8 LLC 1211 Oxbow Lane WS City Ord. 13-2(D) Dead Tree Related Case Information Presentation The Respondent was not present. Code Officer Guerra distributed two additional pieces of evidence for the following case which was a write statement from the City’s Arborist and an email from the owner’s realtor. Code Officer Guerra testified, “I verified the complaint on September 3, 2020. A Notice of Code Violation was sent to the owner of the property. On, September 11, 2020 the letter was signed for by Wes Miller. On, January 28, 2021 I posted the property and City Hall with the Notice of Code Board. I also sent certified and first class 12 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 10 OF 14 letter to the owner of the property. While on location posting the Code Board notice the resident came home. I explained to her about the notice and she gave me a phone number for the realty company. I called and left two messages. On, February 2, 2021 Code Board notice was signed for by Wes Miller. February 09, 2021 I received a call from Ms. Cook who is from the realty company. She advised she would get someone over to remove the tree as soon as possible. As of this date the tree has not been removed.” Photos shown from "Presentation" on the Agenda. Code Officer Guerra gave a recommendation to the Board as, “as of this hearing, I ask that you find the homeowner in violation of ordinances that I have given testimony to, and would extend no more than thirty (30) days, which is March 23, 2021, to come into compliance. If no compliance is met after that additional time, I ask that a fine of two hundred and fifty dollars ($250.00) per day.” “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 23, 2021 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) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY BOARD MEMBER GILDEA. SECONDED BY BOARD MEMBER BURNS. DISCUSSION TOOK PLACE IN REGARDS TO THE CITY ARBORIST WRITTEN STATEMENT AND DATE SUGGESTED DATE OF COMPLIANCE. MOTION STAYED AS STATED. VOTE: BOARD MEMBER GILDEA: AYE VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. 505) Case# 2020CE002252 Dennie L. Holley 606 South Edgemon Ave WS City Ord. 13-2(C) Overgrown grass WS City Ord. 13-2(b) Tree Trimming/Yard trash 13 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 11 OF 14 IPMC 304.2 Protective Treatment IPMC 302.1 Sanitation Related Case Information Presentation The Respondent was not present. Code Officer Guerra gave testimony, “the date verified complaint was September 23, 2020. Notice of Code Violation was sent to the owner of the property. On, September 26, 2020 the letter was signed for by an agent. On, January 28, 2021 I posted the property and City Hall with the Notice of Code Board. I also sent certified and first class letter to the owner of the property. January 30, 2021 the notice was signed for by same person.” Photos shown from "Presentation" on the Agenda. Code officer Guerra continued with the recommendation of, “as of this hearing, I ask that you find the homeowner in violation of ordinances that I have given testimony to, and would extend no more than thirty (30) days, which would be March 23, 2021, to come into compliance. If no compliance is met after that additional time, I ask that a fine of two hundred and fifty dollars ($250.00) per day.” Clarification on evidence shown was asked and answered. “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL MARCH 23, 2021 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) A DAY SHALL BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER.” MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER BURNS: AYE BOARD MEMBER GILDEA: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE VICE-CHAIRPERSON KAPROW: AYE MOTION CARRIED. 14 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 12 OF 14 PUBLIC HEARINGS – NON-COMPLIANCE CASES 600) Case# 2020CE001475 Margaret L. Powell 1301 Deer Run WS City Ord. 13-2(B) Junk and Debris IPMC 304.2 Protective Treatment IPMC 304.8 Decorative Features IPMC 304.7 Roofs and Drainage IPMC 304.14 Insect Screens Original Hearing Date: August 25, 2020 Related Case Information Presentation The Respondent was not present. Code Officer Guerra testified, “On August 25, 2020 I presented this case to the board. The resident was found to be in violation, and a corrective action date of October 9, 2020 was afforded. If not corrected, a fine of two hundred and fifty dollars ($250.00) per day would be assessed. During my re-inspection, the residences was still in violation. January 28, 2021 I posted the property and City Hall with non-compliance notice of hearing. I also sent the notice certified and first class to the owner. On, February 10, 2021 the USPS website showed the notice was delivered.” Photos shown from "Presentation" on the Agenda depicting no corrections had been made. Code Office Guerra recommended, “In regards to this case, I recommend the original order from the Board [approved August 25, 2020] be imposed as a two hundred and fifty dollars ($250.00) fine per day until all the violations have in compliance.” Discussion ensued on whether a welfare check has been conducted and it was relayed that is residence is under a reverse mortgage but no other information has been given to the Code Officers. Additional discussion continued about the notice procedures, who is in ownership of the property and if there has been any contact with anyone regarding this property. Assistant City Attorney 15 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 13 OF 14 Nix spoke regarding the notice procedures with, “An Order of Non- Compliance that imposes the fine, as you all ordered back on August 25th that goes to the homeowner as they are listed on the property appraiser website. – As long as you are providing them the Notice that is required by the Statue, that is what they are required to do.” Consistent “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND THE PENALTY SET FORTH IN THIS BOARD’S PERVIOUS ORDER ON OCTOBER 9, 2020, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.” AMENDMENT OF THE MOTION REQUIRED FOR THE DATE TO BE AUGUST 25, 2020. THE MOTION NOW READS; “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND THE PENALTY SET FORTH IN THIS BOARD’S PERVIOUS ORDER ON AUGUST 25, 2020, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.” MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER GILDEA: AYE BOARD MEMBER BURNS: AYE VICE-CHAIRPERSON KAPROW: AYE MOTION CARRIED. 601) Case#2020CE001564 Mel D. Hall 629 Alton Road WS City Ord. 6-195 Maintenance of Fences IPMC 302.7 Accessory Structures IPMC 304.9 Overhang Extensions Original hearing date: August 25, 2020 Related Case Information Presentation The Respondent was not present. Code Officer Guerra testified, “On August 25, 2020 I presented this case to the board. The resident was found to be in violation, and a corrective action date of September 15, 2020 was afforded. If not corrected, a fine of one hundred and fifty dollars ($150.00) per day would be assessed. 16 CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING – FEBRUARY 23, 2021 PAGE 14 OF 14 During my re-inspection, the resident was still in violation. On January 28, 2021 I posted the non-compliance notice of hearing at property and City Hall. I also sent the notice certified and first class to the owner.” Photos shown from "Presentation" on the Agenda depicting no corrections had been made. It was relayed the tenant provided the complaint but no longer lives at the residence and the issues are still present. Code Office Guerra also shared that the owner of the residence has not gotten in contact with Code enforcement at all at the time. Code Office Guerra recommended, “In regards to this case, I recommend the original order from the Board [approved August 25, 2020] be imposed as a one hundred and fifty dollars ($150.00) fine per day until all the violations are in compliance.” “I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND THE PENALTY SET FORTH IN THIS BOARD’S PERVIOUS ORDER DATED AUGUST 25, 2020, SHALL BE IMPOSED CONSISTENT WITH THAT ORDER.” MOTION BY BOARD MEMBER BURNS. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE-CHAIRPERSON KAPROW: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER BURNS: AYE BOARD MEMBER GILDEA: AYE MOTION CARRIED. REGULAR AGENDA 700) Not Used ADJOURNMENT Vice-Chairperson Kaprow adjourned the Regular Meeting at 6:35 p.m. RESPECTFULLY SUBMITTED: _______________________________ CHRISTIAN GOWAN CITY CLERK NOTE: These Minutes were approved at the ____________________________, 2021 Code Enforcement Board Regular Meeting. 17 0108; WINTER SPRINGS POLICE DEPARTMENT POLICE CODE ENFORCEMENT DIVISION 300 North Moss Road -Winter Springs, FL 32708 9 Business (407) 327-1000 - Fax (407) 327-6652 August 25, 2020 ADRIEN LOVE-TRUSTEE 2519 WESTMINSTER TER. OVIEDO, FL 32765-7568 Case#: 2020CE001997 Service Address: 622 LOCUST CT. WINTER SPRINGS, FL 32708 NOTICE OF CODE VIOLATION The above mentioned property has been inspected on the dates below. Please note the most recent date for the following violation: Inspector Date Code Officer Terri Guerra August 13, 2020 Violation Description Comments/Corrections Needed WS CITY ORD. 13-2(C)OVERGROWN YARD BACKYARD NEEDS TO BE CUT AND MAINTAINED. WS CITY ORD. 12-53 DISABLED VEHICLE GREEN VEHICLE ON THE RIGHT SIDE OF PROPERTY IN THE GRASS. NOT IN A DESIGNATED PARKING AREA WITH PARTS ON THE HOOD. WS CITY ORD. 13-2 (B)JUNK AND DEBRIS ITEMS BEING STORED IN FRONT OF THE GARAGE. BIKES AND LAWN MOWER WS CITY ORD. 17-1 BLOCKING RIGHT OF WAY TRASH AND YARD WASTE IN THE RIGHT OF WAY.ALSO A BASKETBALL HOOP IN THE RIGH OF WAY NEEDS TO BE REMOVED. Failure to correct the violation(s)and to notify the Winter Springs Code Enforcement Division of the corrections will result in charges being brought against you before the City of Winter Springs Code Enforcement Board which has the power to levy fines up to$250.00 per day for first offenses or up to$500.00 for repeat offenses per day that the violation remains. Please note the date to have the cited violations corrected: Corrective Action Comments Due Date Notice of Code Violation See specific correction comments provided. September 20, 2020 Municipal Code Code Text WS CITY ORD. 13-2(C) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or material tending by its existence and/or accumulation to endanger or adversely affect of health, safety, lives, and/or welfare of State of Florida Accredited Agency 18 the citizens of the city, is hereby prohibited and declared to be a public nuisance and unlawful. WS CITY ORD. 12-53 a) No person in charge or in control of any property, public or private within the city, whether an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or abandoned vehicle to be placed or remain on any roadway, street, alley, highway,private property, public property,public right-of-way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty(180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty-eight(48) consecutive hours, vehicle being wrecked, and/or inoperative as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission,or other major and visible parts, having major and visible parts which are dismantled,having no valid license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood. c) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling,the tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. d) Responsibility for compliance. The owner, agent and/or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of this section. e) Enforcement. When a disabled or abandoned vehicle is found to be in violation of this section: 1) The code inspector shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within ten(10)calendar days or it will be subject to removal by the city. The code inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify such owner(s) with a written notice delivered by personal service or mail at their current address, last known address or the address appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less than eight(8) inches by ten(10) inches and shall be fluorescent orange in color, sufficiently weatherproofed to withstand normal exposure to the elements. 2) Within the ten(10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the director of code enforcement or his/her designee. The director of code enforcement or his/her designee shall determine the validity of the violation and may for good cause extend the time for 2 19 compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined. 3) The property or vehicle owner(s)may appeal the director's or his/her designee's final decision to the code enforcement board or special magistrate for a determination as to whether the property is subject to removal. 4) If no appeal is made and the disabled vehicle remains in violation after the ten(10) calendar day period, the director or his/her designee shall cause such vehicle to be removed to a storage facility approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. 5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board or special magistrate to hear and adjudicate appropriate cases. f) Vehicle on public property. Not with standing any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute 705, as revised in the 1987 legislative session. To the extent that this section 12-53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. WS CITY ORD. 13-2(B) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him/her in the city unless in connection with a business enterprise lawfully situated and licensed for the same. WS CITY ORD. 17-1 It shall be unlawful for any person to place or deposit, or cause or allow to be placed or deposited, on any street, avenue, alley or sidewalk,park or other public space within the limits of the city, any building material whatsoever, or any articles or things which may obstruct or hinder the traffic thereon, without a special permit from the city commission or official who has been designated by the city commission to issue such permit. Such permit shall state clearly what space may be used and what materials may be placed thereon, the length of time the permit shall remain in force, and the terms and conditions upon which the authorization for placing materials on public property is granted. When, in the discretion of the city commission or an official who has been designated by the city commission, it becomes necessary for the protection of motorists or pedestrians, the person issued the permit shall provide adequate protective devices to include,but not limited to, sheds, walls, and guardrails to protect persons in the area. Such protective devices shall be constructed in accordance with plans approved by the city commission, or an official who has been designated by the city commission, and shall be maintained thereafter during the construction or repair, but under no conditions shall the streets or sidewalks be obstructed to such an extent to not allow passage of pedestrian and vehicular traffic. Professionally, r I n Code Officer erri Guerra Certified Mailing Number: 7018 0680 0002 2900 1305 3 20 U.S. Postal Service CERTIFIED MAIL® RECEIPT I-11 l-r1 Domestic Mail Only00 I w NINIMMOMIIMIN rrim ". For delivery information,visit our website at www.usps.com''.rq rq E „::,0.,%, .,- ;,-- it .,,. g 0 iqc numummomman I= ci Certified Mail Fee 0 IT" $ 9 c, Il ... .....* ru ru Extra Services&Fees(check box,add fee as appropriate) L>' v.0 Return Receipt(hardcopy) $z' iiia IIIIMIIMINIINIIIMIIIIIIIII N r„ D Return Receipt(electronic) h $ PostmarkrkLa = C 0Certified Mail Restricted Deliery $ Here 0 Adult Signature Required $i2 0 lidk, ••esume IJ LJ i ISM% 0AdultSignatureRestricted Delivery$ crE 1.1.11. 11111111m11111.11.1 ci f= Postage cc .... ....... LW' 0 -0 mmmeseeseemeee Total Postage and FeesCI1=1 Li t NYACIP---)a im.. cor.1 co,... 1 SerifiTo n.,..e_i_1`0 -61ree ancr,W.Not,ot:I55733x No. 1 /2I-N- I." ,- 51'1 13,kata/Nr...) Jce oily,Sa&ci, P+4 C"-- WV PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions I i 1, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete Items 1,2,and 3. A. Signature Print your name and address on the reverse X El Agent0Addresseesothatwecanreturnthecardtoyou. Attach this card to the back of the mailpiece,B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 0 _-1. Article Addressed to: D. Is delivery address different from ttem 1? Yes If YES,enter delivery address below: 0 No iLn 1---0,1C---1-ire-L--, raVLQ61-Z.) -FL- 3J-t 5 I III I III Mill III 1 1 iii II I iiiii III III 3. Service Type 0 Adult Signature 0 Priority Mail Express® 0 Registered MaIITM' rult Signature Restrloted Delivery 0 Registered Mall Restricted Certifled Mall® e$VEIty N959q 9401A347 8190 6544 23 0 Certified Mall Restricted Delivery )2(11:2tetum Receipt for 0 Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery in Signature CollfirTnatIon'mArticleNumber(Dander from service la* Ft Insured Mail 0 Signature Confirmation 7018 0680 0002 2900 1305 Mall Restricted Delivery 0) Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; I 21 22 23 24 25 26 27 28 29 30 31 32 City of Winter Springs Code Enforcement Division Code Board March 23, 2021 Case: 2020CE001997 Address:622 Locust Ct. Parcel: 10-21-30-5DS-0100-0320 Property Owner(s):Adrien Love-Trustee Violation(s): WS City Ord. 13-2(c) Overgrown Yard WS City Ord. 12-53 Disabled Vehicle 33 WS City Ord. 13-2(b) Junk & Debris Inspector: Terri Guerra Complaint: Self Intiated 34 Code Enforcement Division Timeline of Events •August 13, 2020 I observed violations at the property. I sent NCV to the owner of the property. •August 28, 2020 USPS showed the notice was delivered to individual at the address in Oviedo @ 2:34pm. •October 15, 2020 I left my business card at the front door for someone to call me regarding case. •March 03, 2021 I sent notice of Code Board First class and Certified to the owner of the property. I also posted the notice at the location and City Hall. 35 Photos of violations 36 Photos of violations 37 Photos of violations 38 Photos of violations 39 Recommendations •As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend up to 30 days (April 23, 2021) or at the boards discretion, to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day. •At this time I’m available for any questions that you may have. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 City of Winter Springs Code Enforcement Division Code Board March 23, 2021 Case: 2019CE003151 Address:55 Hayes Road Parcel: 02-21-30-503-0C00-0230 Property Owner(s):John V Pendarvis Joint Tenants with right of Survivorship Christine M Abruzzese Joint Tenants with right of Survivorship Violations: IPMC 304.7 Roofs & Drainage 55 Inspector: Terri Guerra Complaint: Self Initiated 56 Code Enforcement Division Timeline of Events •Date verified complaint: December 10, 2019. •NCV was sent to the owner of the property. December 26, 2019 the letter was received. •December 26, 2019 I received a call from the property owner requesting an extension. They advised there was issues with the insurance company and they should be sending the check soon. •June 26, 2020 I attempted to call the owner with no answer. I left a message. 57 Code Enforcement Division Timeline of Events •March 3, 2021 Code Board notice was posted at the property and City Hall. First class and certified letter was also sent to the owner on record. •March 5, 2021 the notice was received per certified receipt. 58 Photos of violations 59 Photos of violations 60 Recommendations •As of this hearing, I ask that you find the homeowner in violation of ordinances that I've given testimony to, and would extend up to August 31,2021 or at the boards discretion, to come into compliance. If no compliance is met after that additional time, I ask that a fine of $250.00 per day. •At this time I’m available for any questions that you may have. 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 City of Winter Springs Code Enforcement Division Code Board March 23, 2021 Case: 2021CE000143 Address:1500 Winter Springs Blvd. Tuscawilla Country Club Parcel: 31-20-31-5BB-0000-004A Property Owner(s):Tuscawilla Golf Club LLC Violation(s): WS City Ord. 5-4 No arbor permit 79 Inspector: Terri Guerra & Kevin Maddox Complaint: Kevin Maddox City Arborist 80 Code Enforcement Division Timeline of Events •January 19, 2021 I received a call from Kevin Maddox regarding the Tuscawilla Country Club cutting down several trees without a permit. I advised him to send information over to me and I will send a notice to the owner. •January 28, 2021 I received an email from Mr. Maddox advising 12 oaks sizes unknown but the boot of the picture is 12 inches for reference. The pictures were taken on 10/16/2020 •February 5, 2021 I sent NCV and Code Board notice certified and first class to the owner listed and the agent. I also so posted the property and City Hall. •February 5, 2021 I received a call from General Manager Steve Dobson requesting extension until 81 Code Enforcement Division Timeline of Events next month. He advised his arborist would not have her report ready for the meeting. I advised him that would be acceptable. •February 11, 2021 I received an email from Mary Edwards regarding the property and that she would be conducting a tree assessment. The email was added to the case documents. •February 25, 2021 I posted the property and City Hall with the Notice of Code Board. I also sent the letter certified and first class. •March 12, 2021 myself and Mr. Maddox met with Mr. Dobson regarding the case per his request. We discussed the irreversible damage that had occurred. We also advised him how much the fee was for taking down 12 trees. He did not agree with the amount of the fine. We advised that was fine and we would let the Board decide the matter. 82 Photos of violations 83 Photos of violations 84 Photos of violations 85 Photos of violations 86 Recommendations •As of this hearing, I ask that you find the property in violation of ordinances that I've given testimony to, and would extend up to 30 days (April 23, 2021) or at the boards discretion, to pay 250.00 for each tree that was cut down. The total would be $3000.00. •At this time I’m available for any questions that you may have. 87