Loading...
HomeMy WebLinkAbout2021 08 24 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 24, 2021 CALL TO ORDER Chairperson Matthew Criswell called to Order the Tuesday, August 24, 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, present Vice-Chairperson Maurice Kaprow, present Board Member Michael Burns, present Board Member Stephen Gildea, present Board Member Howard Parsons, present Board Member Dennis Robinson, present Senior City Attorney Jennifer Nix, present City Clerk Christian Gowan, present Deputy Chief Matt Tracht informed the Board that Items 500, 501, and 502 would be pulled as they were in compliance. The Board agreed to the changes and no further agenda changes were made. City Clerk Christian Gowan swore in all those offering testimony- Deputy Chief Matt Tracht, Code Inspector Terri Guerra, and Respondents. AWARDS AND PRESENTATIONS 100. Not Used CONSENT AGENDA 200)Approval of the Tuesday,April 27, 2021 Code Enforcement Board Regular Meeting Minutes. In reference to the minutes, Chairperson Criswell asked for a motion to approve. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 24,2021 PAGE 2OF6 "SO MOVED." MOTION BY VICE CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: ROBINSON (AYE); KAPROW (AYE); CRISWELL (AYE); BURNS (AYE); GILDEA (AYE); PARSONS (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS - REPEAT CASES 400)Case# 2017CE000965 250 West State Road 434 Realty Income Properties ATTN: Family Dollar Stores, INC. WS City Ord. 13-2(C) Junk and Debris The respondent was not present. Code Inspector Guerra introduced the case and testified, "I verified the complaint on March 11, 2021. While patrolling the area I noticed the property was in disarray. There was trash all over the parking lot and in the dumpster area. I left a note on the front door regarding cleaning up the property. On April 29, 2021, May 20, 2021 and June 30, 2021 1 also went bythe property and the trash was still present. On July 2, 2021 1 called the business and spoke to Gashinda, the manager. I asked her if she was planning on correcting the issue. She advised she would get it taken care of right away, which she didn't.August 6, 2021 1 hand delivered the code board notice to an employee inside the business and I also posted the notice at City Hall regarding Code Board for repeat violator. August 19, 2021 1 checked the property again and there was still garbage in the parking lot and dumpster area. On June 27, 2017 the original case was heard by code board and found in violation of the code. September 24, 2018 the case went into compliance. Photos were shown from "Presentation" and additional photos that showed the property as of the hearing date. Continuing, Code Inspector Guerra testified, "As of this hearing, I ask that you find the owner in repeat violation of ordinance that I've given CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 24,2021 PAGE 3OF6 testimony to, and a two hundred dollar ($200.00) a day fine be imposed on the property until it comes into compliance". Discussion followed on the recommended amount. Attorney Nix mentioned the notice date of August 6, 2021 and that any fine would be calculated with the notice date as a starting date. Further discussion followed on the state of the property, the fact that as a repeat violation no compliance date would be assigned, and the desire to see a higher fine be imposed. "I MOVE TO FIND THE RESPONDENTS IN VIOLATION OF THE CITY CODE AS OF AUGUST 6, 2021, AND THAT SUCH VIOLATION CONSTITUTES A REPEAT VIOLATION UNDER CAHPTER 162, FLORIDA STATUTES. A FINE IN THE AMOUNT OF FOUR HUNDRED DOLLARS ($400.00) FOR AUGUST 6, 2021 AND FOR EACH DAY THE REPEAT VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER BURNS. SECONDED BY VICE CHAIRPERSON KAPROW. DISCUSSION. VOTE: PARSONS (AYE); GILDEA (AYE); BURNS (AYE); CRISWELL (AYE); KAPROW (AYE); ROBINSON (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS - NEW CASES 500)Case# 20210E000173 1002 East Pebble Beach Circle Catherine E Conochalla IPMC 304.7 Roofs and Drainage No discussion - This case was pulled from the agenda after coming into compliance. 501)Case# 20210E000174 1055 West Pebble Beach Circle Orlando Nunez - Tenancy by Entirety Diliam G Ruiz Nunez - Tenancy by Entirety IMPC 304.7 Roof and Drainage No discussion - This case was pulled from the agenda after coming into compliance. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 24,2021 PAGE 4OF6 502)Case# 20210E000201 612 Nighthawk Circle Joan Nail - Tenancy by Entirety Howard Nail - Tenancy by Entirety IPMC 304.7 Roof The respondents were present. Deputy Chief Matt Tracht introduced the case and testified," On January 29, 2021 1 observed a blue tarp on this property. I mailed a Notice of Violation to the property owner with a compliance date ofJuly25t", I gave them 180 days, 6 months to get the corrective action. on August 2, 2021, 1 conducted a re-inspection and found the roof to be still covered with a tarp. I mailed notice of code board indicating tonight's code board meeting. I ask that you find the owner in violation of IMPC 304.7- Roofs and drainage. I'm recommending an additional 180 days for compliance. (February 20, 2022). At that point I think we can reassess and if no compliance is met after that date, I would support a $250.00 per dayfine until compliance is met." Ms. Joan Nail & Mr. Howard Nail, 672 Nighthawk Circle, Winter Springs testified, "Our situation is a little bit complicated. Two years ago we entered into financial reorganization, Chapter 13 bankruptcy. Our attorney has sent a letter to the board -to a Mr. Tracht (Respondent read letter, attached to the end of these minutes). The estimates [for a new roof] have been in the $30,000.00 range. We have been unable to get financing due to the Chapter 13. We have be working feverishly to try to get financing, I do have some documentation. We are still working, every day I get information of new places to try, I applied for all of them [loans]. We want to stay in the house, we are on social security, on fixed income it is pretty hard to manage." Discussion followed on the amount of time it would take to correct the issue and the time left in the financial reorganization. Respondents indicated that they had tried to work through insurance but were denied. Discussion then followed on the Florida Chief Financial Office's mediation program and information was shared with the respondents. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 24,2021 PAGE 5OF6 Discussion returned to a reasonable amount of time to get the work completed. The Board suggested nine (9) months and Deputy Chief Tracht and the respondents were amenable to the suggestion. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPPPONDENT BE GIVEN UNTIL MAY 20, 2022 TO CORRECTTHE VIOLATION. IN THE EVENTTHE RESPONDENT FAILS TO COMPLY BY THIS DATE A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) SHALL BE IMPOSED EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY VICE CHAIRPERSON KAPROW. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: BURNS (AYE); CRISWELL (AYE); ROBINSON (AYE); KAPROW (AYE); PARSONS (AYE); GILDEA (AYE) MOTION CARRIED 6-0. 503)Case# 20210E000358 229 Bitterwood Street Laurie Hernendez - Tenancy by Entirety Neil Hernendez - Tenancy by Entirety IPMC 304.7 Roofs and Drainage No discussion - This case was pulled from the agenda after coming into compliance. 504)Case# 20210E001318 627 Murphy Road Brandi Roberts - Joint Tenants Right of Survivorship Derek Gillard - Joint Tenants Right of Survivorship WS City Ord. 13-2(b) Junk and Debris WS City Ord. 40-411 Boat and Trailer Storage The respondent was not present. Code Inspector Guerra introduced the case and testified, "June 2, 2021 was when I saw the boat. A Notice of Code Violation was sent to the owner of the property. On June 7, 2021 the letter was signed for. On August 6, 2021 1 posted the property and City Hall with notice of Code Board. I also sent a certified and first class letter to the property. August 11, 2021 the code board notice was signed for per the United States Postal CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING-AUGUST 24,2021 PAGE60F6 Service website. There has been no communication from the owner of the property at this time. Photos shown from "Presentation" and an additional photo was shown of the property with the violation still existing as of the hearing date. "As of this hearing, I ask that you find the homeowner in violation of ordinance that I've given testimony to, and would extend up to 30 days (September 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." "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT REPSPONDENT BE GIVEN UNTIL SEPTEMBER 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) SHALL BE IMPOSED EACH DAY THE VIOLATION CONTINUES THEREAFTER." MOTION BY BOARD MEMBER ROBINSON. SECONDED BY BOARD MEMBER BURNS. DISCUSSION. VOTE: GILDEA (AYE); PARSONS (AYE); KAPROW (AYE); CRISWELL (AYE); BURNS (AYE); ROBINSON (AYE) MOTION CARRIED 6-0. PUBLIC HEARINGS- NON-COMPLIANCE CASES 600. Not Used REGULAR AGENDA 700. Not Used SPWKS �I� . ADJOURNMENT ' �4Area Chairperson Criswell adjourned the meeting at 6:09 PM : cc40 a RESPECTFULLY SUBMITTED: : 4 .f� ti � �EArINO�E CHRISTIAN GOWAN CITY CLERK NOTE: These Minutes were approved at the September 28,2021 Code Enforcement Board Regular Meeting.