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HomeMy WebLinkAbout2021 02 23 Code Enforcement Board Regular Meeting Minutes 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2021 PAGE 2OF14 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 `�zb Presentation '::� The Respondent was present. Code officer Terri Guerra testified, "Date of complaint was February 19, 2020. 1 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 1 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 1 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, 20211 posted the property and City Hall with the notice of Code Board. I also sent a certified and first Class letter to the owner." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2021 PAGE 3OF14 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, Sl 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 thinkthere 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 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 Nirahthawk 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) CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2021 PAGE SOF14 website. On April 21, 2020 1 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 1 received a call from resident advising the roof was now shrink wrapped and they are still in litigation. On, January 22, 2021 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. 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 askthatyou 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2021 PAGE 6OF14 "1 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 Entiret 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 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. On, January 25, 2021 Judy Ortiz called and was told that she needed to bring her documentation to Code Board to discuss anyfurther information regarding the case." CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2021 PAGE 7OF14 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 20191 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). 1 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2021 PAGE 8OF14 "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 1 posted the Notice of Code Violation at the property. On, January 28, 2021 1 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-FEBRUARY 23,2021 PAGE 9OF14 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 '--.b 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 1 posted the property and City Hall with the Notice of Code Board. I also sent certified and first class 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 1 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 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 1 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. 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 1 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 1 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 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 251h 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 99 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 1 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. 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 1 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. RESP gFULLY SUBMITTED: AGO C RISTIAN GOWAN � CITY CLERK k NOTE: These Minutes were approved at the March 23,2021 Code Enforcement Board Rog. r' eetin1% `• �tOl FOR 4i 8B .AEW jORANDUM OF VOTING CONFLICT FOR COUNTY, MU14ICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE pet?'a"; MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON {{ WHICH I SERVE IS A UNIT OF: CITY COUNTY .7]CITY O COUNTY O OTHER LOCALAGENCY NAME OF POLITICAL SUBDIVISION DATE ON WHICH VOTE OCCURRED - MY POSITI N 1:_ O ELECTIVE = APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission,authority,or committee.It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father4n-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). f i i # # # # i • t * * i # * # ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 815-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided Immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 6. hereby disclose that on T_ ,20: _ (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, , inured to the special gain or loss of my relative, , inured to the special gain or loss of _ ,by whom I am retained;or inured to the special gain or loss of _ ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure Is as follows: /W_51— 1N iAj f37ViCJT I Il� F✓'9 D AA o,S (?A2E ,LWJJ X21 fi >J6 W 1 0 ia.A-S V 5045 7V RECEIVED CITY OF 1MNTER SP "FFIC'E OF TFa^r-> v -.. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict •2 —2f, Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORrnI OR COMMITTEE MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON Y WHICH I SERVE IS AUNIT OF: q 1,J r A I /Z J - CITY COUNTY L CITY !]COUNTY ❑OTHER LOCALAGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: U ELECTIVE APPOINTIVE _ 1 WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission,authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, Wife, brother, sister,father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). « « « « « « « « « « « « « « ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112,3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11!2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must Incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on '�, 20 (a)A measure came or will come before my agency which(check one or more) — inured to my special private gain or loss; — inured to the special gain or loss of my business associate, , Inured to the special gain or loss of my relative, inured to the special gain or loss of _ ,by whom I am retained;or inured to the special gain or loss of _ ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: :L- P4.5 r�9-j iv, F.&O rtA V 0' ; ,A--1123 Aa V 7-- r4n T 1 C,✓�,!? 1'1 17(a v T-7,6 A)tg S i e j I7 I o C ;W f0 f h7�; ��.9- 0< 41 _ Cat!j Al If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the r -u e r+ ►h•- :r,e v s in ;t ch a way as to provide the public with notice of the conflict. CITY OF WINTER SPRINGS OFF; IC(EOF THE CITY CLERK Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.